WPI 130.04 Nonresidential Tenancies—Limitation on Landlord's Duty to Repair
6 WAPRAC WPI 130.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 130.04 (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 130.04 Nonresidential Tenancies—Limitation on Landlord's Duty to Repair
A landlord has no duty [to make the premises safe prior to relinquishing possession to the tenant] [to keep the premises in repair after relinquishing possession to the tenant].
NOTE ON USE
This instruction is for nonresidential tenancies. For residential tenancies, see WPI 130.06 (Duty of Landlord to Tenant—Residential Tenancies).
This is a cautionary instruction, which may be used with other instructions, such as WPI 130.01 (Duty of Landlord—Latent or Obscure Defect—Rented Premises), 130.01.01 Nonresidential Tenancies—Duty of Landlord—Rented Premises—Promise to Put and Keep in Repair), or 130.03 (Duty of Landlord—Improvements or Repairs), which set forth a specific affirmative duty in particular circumstances. This instruction should be used only when the facts call for a caution to the jury.
The first bracketed phrase is intended for use when an accident results from a defect in existence at the time of renting the premises. The second bracketed phrase is intended for use when the defect arises after the time of renting.
The second bracketed phrase of the instruction should not be used when the landlord has contracted to put or keep the premises in repair.
COMMENT
As to the first bracketed phrase, see Hughes v. Chehalis Sch. Dist., 61 Wn.2d 222, 377 P.2d 642 (1963); Johnston v. Nichols, 83 Wash. 394, 145 P. 417 (1915).
As to the second bracketed phrase, see Ward v. Hinkleman, 37 Wash. 375, 79 P. 956 (1905).
[Current as of September 2018.]
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