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A Primer on Landlord Exculpatory Provisions In Leases
In Keystone Specialty Services Co. v. Ebaugh, 267 A.3d 1250 (2021), the Superior Court of Pennsylvania recently affirmed a lower court's summary judgement decision in favor of the defendant-landlord finding that the tenant's negligence claims were barred by the exculpatory provisions in the lease.
In Keystone, the tenant leased 1,500 square feet on the first floor of the landlord's building. Id. at 1252. The tenant's causes of action in Keystone stemmed from water damage to the tenant's equipment and personal property stored at the leased building. Id.
The tenant alleged that in March 2015 it entered the premises and "found water cascading through the ceiling" and immediately told the landlord. Id at 1253. A month later, the tenant reentered the premises and found the water infiltration continuing with mold growing on the tenant's personal property and again notified the landlord. Id. The tenant maintained that the water infiltration continued into June of 2015 when a broken pipe was discovered at the premises. Id.
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