Question

CASE QUESTIONS Barbara Richards leased an apartment at a complex owned by Twin Lakes. The Jease declared that Twin Lakes would maintain the common areas, but it would not be responsible for any harm, anywhere on the property, even if it was caused by Twin Lakes' negligence. Richards slipped and fell on snow-covered ice in the Twin Lakes parking lot. What result?

Answer 1

RESOLVING THE QUESTION OF WHETHER THIS LEASE PROVISION IS VOID AS AGAINST PUBLIC POLICY TURNS ON FAIRLY BALANCING THE PARTIES FREEDOM TO CONTRACT AGAINST THE POLICY OF PROMOTING RESPONSIBILITY FOR DAMAGES CAUSED BY ONE'S OWN NEGLIGENT ACTS. A TENANT CHOICE MAY BE LIMITED .

HE CAN ACCEPT ONE LANDLORD OR GO TO ANOTHER WHO CHARGES THE SAME RENT AND ASKS THE TENANT TO SIGN THE SAME STANDARD FORM LEASE. WE CONCLUDE THE FIVE FACTORS IN FAVOR OF NOT ENFORCING THIS TYPE OF CLAUSE IS RESIDENTIAL LEASES: 1. THE NATURE OF SUBJECT MATTER OF CONTRACT 2. THE STRENGTH OF THE PUBLIC POLICY UNDERLYING THE STATUE 3. THE LIKELIHOOD THAT REFUSAL TO ENFORCE THE BARGAIN OR TERM WILL FURTHER THAT POLICY 4. HOW SERIOUS OR DESERVED WOULD BE THE FORFEITURE SUFFERED BY THE PARTY ATTEMPTING TO ENFORCE THE BARGAIN AND 5. THE PARTIES RELATIVE BARGAINING POWER AND FREEDOM TO CONTRACT.

THE FACT THAT PEOPLE WHO ARE NOT PARTIES TO THE CONTRACTS COULD SUFFER AS A RESULT OF SUCH CLAUSES, AND THE DESIRE TO PROMOTE RESPONSIBLE MAINTENANCE BY LANDLORDS TO AVOID PERSONAL INJURIES BY TENANTS AND THIRD PARTIES, WE FIND THAT THE FACTORS WEIGH IN FAVOR OF PUBLIC POLICY.