The Leasing Hotline

The trial court granted the motions, and Briggs appealed. The appellate court affirmed. It held that the lease specifically obligated Pioneer to notify the owner if any problems existed with the tank that required repair. It further considered that the lease did not provide the owner with the right to retain or power to admit or exclude others from the premises. With regard to the management company, the appellate court also affirmed, holding that the management company had no possession of or control over the premises, and there was no evidence produced to show that the management company knew or had reason to know of any defect to the tank.

Maintaining Premises

If a tenant fails to notify the premises owners of a repair that is the owner's obligation, as required under the terms of a lease, the owner may not be held liable for any injury that results from the neglected repair; the management company may also not be held liable unless it knew or had reason to know of the need to repair. Briggs, et al. v. First Realty Mgmt. Co., et al., No. 86354, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, Feb. 2, 2006.

Briggs, an employee of the tenant, Pioneer, was injured when a water tower fire suppression tank ruptured as he refilled it, following his weekly inspection of the fire suppression system. Briggs filed an action for negligence against the owner of the premises and the manager of the premises (the defendants). The defendants denied liability and asserted cross-claims and third-party claims against each other. The owner of the premises moved for summary judgment, arguing that Pioneer, as the tenant, had possession and control of the premises at the time of the water tank rupture. The owner argued that although it was its duty to maintain, repair, or replace the tank, the duty was contingent upon notice from Pioneer, and no such notice was ever provided. The management company also moved for summary judgment, arguing that it only acted as the agent of the owner and had no independent obligations with regard to the premises.

The trial court granted the motions, and Briggs appealed. The appellate court affirmed. It held that the lease specifically obligated Pioneer to notify the owner if any problems existed with the tank that required repair. It further considered that the lease did not provide the owner with the right to retain or power to admit or exclude others from the premises. With regard to the management company, the appellate court also affirmed, holding that the management company had no possession of or control over the premises, and there was no evidence produced to show that the management company knew or had reason to know of any defect to the tank.