Borders v. Roseberry

Supreme Court of Kansas

532 P.2d 1366 (Kan. 1975)

A landlord is not obligated to repair or remedy a defective condition on the leased premises that is known to both the landlord and the tenant.

Relevant Facts

Agnes Roseberry (the defendant) renovated her home and subsequently rented her single-family residence to Reineker. As part of the renovation process, the repair person removed the roof guttering and failed to replace it, causing rainwater to drip off the roof onto the front porch. In freezing temperatures, the ice would accumulate on the front steps and cause slippery conditions. The defendant was aware of the condition and expressed an intention to repair it. Reineker also notified the defendant of the condition. Several months into the lease, Reineker attempted to remove ice had accumulated on the front steps with a hammer. Later that day, Gary Borders (the plaintiff) came to the residence for dinner. When he was leaving, he slipped on the steps and sustained injuries. As he was leaving, he slipped on the icy front steps and sustained personal injuries. The plaintiff brought suit against the defendant for damages. The district court found in favor of the defendant.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

532 P.2d 1366 (Kan. 1975)