Summary
The Massachusetts Supreme Judicial Court held that G. L. c. 186, § 19, imposes a statutory duty on commercial landlords, after receiving required written notice, to exercise reasonable care to remedy unsafe conditions not caused by the tenant. The court vacated a directed verdict for the landlords and remanded for a new trial on the statutory-liability claim, concluding that the evidence could support findings of notice, an unsafe condition, breach, and causation.
Topics
Practice areas
Questions Presented
- Whether G. L. c. 186, § 19, applies to commercial leases
- Whether judge erred in granting directed verdict for landlord on statutory duty claim
Holdings
- The statutory duty under G. L. c. 186, § 19, to exercise reasonable care to correct an unsafe condition after receiving tenant's written notice applies to commercial landlords and leases.
- The judge erred in granting directed verdict; evidence was sufficient for jury to find landlord breached statutory duty and causation.
Key quotations
“The fundamental issue on appeal is whether the statutory duty of a landlord under G. L. c. 186, § 19, to exercise reasonable care to correct an unsafe condition described in a written notice from a tenant applies to commercial leases. We conclude that it does.” (at 11)
“The mere fact that a statute imposes a duty of care beyond that provided under the common law is not a reason to interpret the statute to be consistent with the common law where the Legislature intended to impose on landlords a duty that did not exist under the common law.” (at 16)
Factual background
Plaintiff tenant operated a tanning salon in a leased building. She sent certified letter to landlord complaining of leaking roof and skylights. Landlord performed some roof repairs but not on skylights side. Later, rain water leaked through skylight, causing plaster to fall into plaintiff's eye, leading to a fall and serious rotator cuff injury.
Procedural history
Plaintiff filed suit in Superior Court alleging landlord's negligence in failing to repair roof. After trial, judge allowed landlord's motion for directed verdict. Plaintiff appealed; SJC transferred case on own motion.
Remand instructions
Case remanded for new trial on plaintiff's claim of statutory liability under G. L. c. 186, § 19.