Does a landlord have a duty to maintain land in a reasonably safe condition?

California, United States of America


The following excerpt is from De Leon v. Avalonbay Cmtys., Inc., B272008 (Cal. App. 2018):

6 Cal.4th 666, 673.) Whether a duty exists is a question of law. (Id. at p. 674.) California law "requires landowners to maintain land in their possession and control in a reasonably safe condition. [Citations.]" (Ibid.) An owner must have actual or constructive notice of a dangerous condition before it can incur liability. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1203.) Evidence of an owner's failure to inspect its premises within a reasonable period of time permits an inference that a dangerous condition existed long enough to allow the owner "to discover and remedy it. [Citation.]" (Ibid.)

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