An out-of-possession landlord retains no control over the leased premises and is generally not liable for conditions arising there. Exceptions include structural defects, code violations, a contractual repair obligation, and a reserved right of entry to inspect and repair.
The lease terms are central to the analysis.
Alternative Names:
Absentee Landlord, Non-Possessory Owner
Why it Matters?
The lease is the dispositive document, because a reserved right of entry to inspect and repair can defeat the defense entirely in many jurisdictions. Landlords who include broad repair rights for commercial reasons frequently create the control that produces liability. Actual exercise of those rights is separately significant, since a landlord who performed repairs has assumed responsibility regardless of the lease language.
Frequently Confused with
Related terms
Frequently asked questions
What defeats the out-of-possession defense?
Does performing repairs matter?
