At common law the landlord had a right to distress for rent. If rent was unpaid the landlord could seize any property found in the leased premises and hold in ransom for rent or sell it to cover unpaid rent. Property the tenant uses in a trade or business was exempt.Continue reading
Landlord’s Liability for Criminal Acts of Third Parties
In general a person has a duty to protect others for criminal acts of third persons absent a special relationship. Special relationships may exist for innkeepers and common carriers.
At common law no such special relationship between landlord and tenant and the landlord had no duty to protect the tenant from third party criminal act. Courts have historically been reluctant to move away from this common law rule for a variety of reasons.Continue reading