WPI 130.03 Duty of Landlord—Improvements or Repairs
6 WAPRAC WPI 130.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 130.03 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part X. Owners and Occupiers of Land
Chapter 130. Landlord and Tenant
WPI 130.03 Duty of Landlord—Improvements or Repairs
A landlord who makes improvements or repairs upon the premises during the tenancy has a duty to use ordinary care in carrying out the work [even if the landlord was not under a legal obligation to make the improvements or repairs].
NOTE ON USE
This instruction may be used for both residential and nonresidential tenancies.
The bracketed material should be used if evidence is introduced that the landlord undertook to make the repairs without being legally required to do so. WPI 130.04 (Non-Residential Tenancies—Limitation on Landlord's Duty to Repair) may be used with this instruction.
COMMENT
A landlord who makes repairs on leased property is liable for negligence in making the repairs. McCourtie v. Bayton, 159 Wash. 418, 294 P. 238 (1930). This is true even if the undertaking was gratuitous. Rossiter v. Moore, 59 Wn.2d 722, 370 P.2d 250 (1962). As the court stated in Lian v. Stalick, 106 Wn.App. 811, 821, 25 P.3d 467 (2001), “[a] botched voluntary repair by the landlord constitutes an affirmative act of negligence.”
[Current as of September 2018.]
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