The Ohio Supreme Court recently unanimously held that a landlord owes to a tenant’s guest the same duty that the landlord owes its tenants to keep all common areas in a safe and sanitary condition. This decision resolves a dispute among appellate divisions and clarifies the rights of tenants’ guests under the Ohio Landlord-Tenant Act.
In Mann v. Northgate Investors, L.L.C., 2014-Ohio-45, the plaintiff, Lauren Mann, then 16 years old, visited her friend, who was a tenant at an apartment building owned by defendant Northgate Investors. When Mann left her friend’s second-floor apartment around 11:00 P.M., she had to walk down two sets of stairs to exit the building. Mann descended the stairs, despite the fact that it was dark because there were no operable lights, and, after stepping off the last step, stumbled forward through a glass panel adjacent to the exit door.
Mann suffered injuries from her fall and sued Northgate Investors, arguing that its failure to maintain the lighting caused her injuries. Northgate sought dismissal, arguing that its duty to Mann was legally different than the duty it owed its tenants under The Landlord-Tenant Act and that it only owed Mann a duty of ordinary care. Northgate Investors also argued that the lack of lighting was an open and obvious condition for which it had no duty to warn Mann. The trial court dismissed the case, and the Court of Appeals reversed, asking the Supreme Court to address the issue and resolve a conflict among the Appellate Divisions.
The Supreme Court unanimously held that Mann’s status as a tenant’s guest did not prevent her from benefitting from the protections of The Landlord-Tenant Act, even when she was in a common area of the building. The Court undertook an extensive review of the history of landlord-tenant laws and held that it “is the well settled general rule that the duties and liabilities of a landlord to persons on the leased premises by the license of the tenant are the same as those owed to the tenant himself.” The Court thus concluded that Northgate Investors owed Mann the same statutory duty it owed its tenants “to keep the common area in a safe and sanitary condition.” The Court also found that a violation of this duty constitutes “negligence per se,” such that the landlord cannot raise the open and obvious nature of the condition as a defense to liability.
As this case demonstrates, a landlord’s duties extend beyond simply ensuring safe conditions for its tenants and include creating safe common areas for guests who may visit tenants residing on the premises. If you would like a copy of the opinion or have any other questions regarding commercial premises, retail, and hospitality liability, please contact one of our Retail and Hospitality Liability Practice Group members.