Home > Property & Casualty > MA decision imposes duty on commercial landlords to remedy unsafe conditions

MA decision imposes duty on commercial landlords to remedy unsafe conditions

On March 1, 2011, the Supreme Judicial Court of Massachusetts determined for the first time that a law which concerns a landlord’s duty to make repairs when notified of an unsafe condition, now applies to all commercial landlords in the state. As a result of the case of Bishop v. TES Realty Trust, commercial landlords in Massachusetts are required to remedy unsafe conditions that exist anywhere on a leased premises once they are given proper notice. The decision alters the long-standing common law rule that landlords are only obligated to make repairs to common areas or when they specifically contract to make repairs. And ultimately will expand landlords’ liability to tenants, and most likely expand their liability to third parties, even when the underlying lease provides that the tenant bears the duty of maintenance and repair.


About the Author

Ann Mizner McKay is the General Counsel and Senior Vice President at WGA. She manages the legal affairs of the company and also manages the Claims Department.

617.646. 0238 | AMiznermckay@wgains.com | Connect with Ann on LinkedIn
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