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2nd DCASeptember 25, 2024Reversed and Remanded↗ Precedent Departure

Perez v. Belmont at Ryals Chase Condominium Ass'n, Inc.

Case No. 2D2023-0872

A residential tenant fell on loose entryway floor tiles after his wife twice notified the landlord and property manager of the condition; the trial court granted summary judgment on the theory that the postpossession duty to repair extends only to conditions not readily apparent to the tenant. The Second District reversed, holding that under Mansur v. Eubanks a landlord has a continuing postpossession duty to exercise reasonable care to repair dangerous defective conditions once the tenant gives notice, and that the tenant's knowledge or the open-and-obvious nature of the condition does not discharge that duty.

Key facts

  • Residential tenant fell on loose entryway floor tiles at his condominium unit after his wife notified the landlord and property manager of the hazardous condition on two separate occasions.
  • Trial court granted summary judgment for the landlord, finding that the postpossession duty to repair does not extend to conditions that are readily apparent to the tenant.
  • +1 more key fact with a free trial

Why it matters

The opinion squarely rejects the use of the open-and-obvious/'not readily apparent' limitation as a duty-defeating defense in residential landlord-tenant postpossession claims, expressly disapproving the Fourth… — full analysis with a trial

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