McCutcheon v. United Homes

Supreme Court of Washington · Contracts

ContractsLandlord-TenantExculpatory Clausesexculpatory clauselandlord liabilitycommon areasresidential leasepublic policy

Facts

Norma McCutcheon, a tenant of United Homes Corporation, fell down an unlighted stairway leading from her apartment and alleged the landlord was negligent because the lights at the top and bottom of the stairwell were not operative. Douglas R. Fuller, also a tenant, fell when an outside stair step pulled loose as he descended on his way to work, and he likewise alleged negligence. In each case, the landlord relied on a form month-to-month rental agreement stating that neither the lessor nor its agent would be liable for any injury to the lessee, the lessee's family, guests, employees, or other persons entering the premises or building. The claimed injuries arose from areas such as stairways and approaches that remained under the landlord's dominion and control for tenants' common use.

Issue

May the lessor of a residential unit in a multi-family dwelling complex exculpate itself by lease from liability for personal injuries sustained by a tenant when those injuries result from the lessor's own negligence in maintaining common areas under the lessor's dominion and control?

Rule

A landlord who retains control over approaches, common passageways, stairways, and other common areas owes residential tenants an affirmative duty to exercise reasonable care to inspect, repair, and keep those areas reasonably safe. A lease provision purporting to exculpate a residential landlord in a multi-family dwelling from liability for personal injuries caused by the landlord's own negligence in maintaining such common areas is void as against public policy and will not be enforced.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

Lena Ortiz rents an apartment in a 24-unit building in Tacoma, Washington, from Pine Harbor Residences, LLC. Her lease states that the landlord is not liable for any personal injury suffered by tenants or their visitors anywhere in the building. After repeated complaints, the landlord does not fix a broken handrail on a shared interior staircase, and Lena is injured when it gives way.

If Pine Harbor moves for summary judgment based solely on the lease clause, how should the court rule?

Explanation. The majority held that a residential landlord in a multi-family dwelling owes tenants an affirmative duty to inspect, repair, and keep common areas reasonably safe. A lease clause that would relieve the landlord from personal-injury liability for its own negligent maintenance of those common areas is void as against public policy because it destroys that duty. A shared interior staircase is a common area under the landlord's dominion and control, so the clause cannot support summary judgment. (Derived from McCutcheon v. United Homes (n.d.).)