Ortega v. Flaim

902 P.2d 199 (1995)

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Nature of the Case

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Facts

D purchased seven homes, sight unseen, by contract for deed and received the warranty deeds on August 6, 1990. One of those properties was orally leased to Dan and Becky Stroud (tenants). The oral lease was a bare-bones commitment by the tenants to pay rent of $200.00 per month in return for the landlord's surrender of possession.

There was no discussion or any agreements regarding repairs, express warranties of habitability, D's right to reenter, or D's retention of any control over the premises. Tenants received exclusive possession and control. P was a social guest of the tenants on the evening of July 17, 1992. P had visited the house before and knew the house contained an interior stairway descending to the basement. P told several people she was going to the bathroom and left the kitchen. A few seconds later others heard a crash and found an injured P at the bottom of the staircase. P filed suit against D alleging a defective staircase caused her injuries. It was agreed that the staircase was too steep, its treads too narrow and it did not have a handrail. These facts clearly showed that the defects were patent. D moved for summary judgment. The district court held the common law rule of landlord nonliability applied and although exceptions to the general rule existed, none applied to these facts. P appealed.