TORT LIABILITY OF A LANDLORD

The discussion thus far has dealt with the tort liability of a landlord for failing to perform some duty owed by him to persons upon the demised premises. There remains to be considered the tort liability of a landlord who fails to perform some duty owed by him to persons not upon the demised premises. The majority of the people composing this class are users of property adjoining that of the landlord. The cases dealing with the landlord's duties to persons upon the demised premises should always be distinguished from those dealing with his duties to persons using adjoining property.

The courts cite the two classes of cases interchangeably, but they dearly are governed by different principles. The rights of the injured tenant or invitee are materially affected by the application of the maxim caveat emptor. The application of this maxim results in placing upon the tenant the duty of inspecting the premises before he leases them. No such duty is placed upon the user of adjoining property in regard to the land owned by another person.