Landlord Liability for Structural Repairs Despite Lease Provision

A tenant, having signed a lease with a stipulation that he would bear all repairs, including structural ones, subsequently sued the landlord for the cost of repairs necessitated by the collapse of a retaining wall, arguing the landlord was responsible under general law for maintaining the property's safety, despite the contractual clause. The court overturned the lower court's decision, reasoning that while parties may contractually allocate repair costs, such a clause cannot absolve the landlord of their fundamental legal obligation, stemming from property law, to ensure the building's stability and safety, an obligation that pertains to the structure itself and cannot be entirely waived by a lessee through contractual agreement.