• 1994 - Unsafe Conditions of Premises
  • C-17.05
    • Dangerous Conditions
    • Landlord And Tenant
    • Tort Liability
  • If, at the time of leasing premises, a landlord knows, or has reason to know, that a condition exists involving foreseeable unreasonable risk of harm to the tenant, the landlord owes a duty to the tenant to inform the tenant of the condition and of any attendant risk involved in which the condition is of such nature that the landlord would have no reason to expect that the tenant would discover the condition or realize the risk. [This duty extends to persons who later come upon the premises with the consent of the tenant.] The landlord is subject to liability for a breach of this duty.
    • 12.1-25-02
    • 62-01-01
    • 47-16-13.1
    • Bellemare v. Gateway Builders, Inc., 420 NW2d 733, (ND 1988)
    • Capsco Prod., Inc. v. Savageau, 493 NW2d 650 (ND 1992)
    • Francis v. Pic, 226 NW2d 654 (ND 1975)
    • Huss v. Ringo, 39 NW2d 505 (ND 1949)
  • Notes: Bellemare v. Gateway Builders, Inc., 420 NW2d 733, 740 (ND 1988) established the general rule of nonliability of a landlord subject to a number of exceptions as discussed in the opinions cited above. However, Bellemare, 420 NW2d at 741, notes that the general rule of nonliability may vary between agricultural and residential leases although the distinction was not required to be made in this instance.