Landlord Liability for Latent Defects in Rental Property

A dispute arose concerning the liability for damage caused by a defect in a rented property, where the tenant sued the landlord. The court of first instance found the landlord liable under the general obligation to maintain the premises in a habitable condition and free from defects that impede use, even if the defect was unknown at the time of the lease. Upon appeal, the appellate court upheld this decision, relying on the premise that the landlord's obligation extends to guaranteeing the tenant peaceful enjoyment against all nuisances stemming from the property itself, regardless of fault or prior knowledge. The high court quashed the appellate decision, reasoning that the general obligation to maintain the premises does not automatically impose liability for all latent defects; rather, liability under the rules governing leases requires proof that the landlord failed to fulfill a specific obligation, such as not having disclosed a known defect or failed to remedy a defect that was their responsibility to repair, and mere passive inaction regarding an unknown, pre-existing defect is insufficient to establish fault necessary for contractual liability under the relevant articles governing leases.