Retained Control Over Part of Premises and Agreement To Repair Dooms Landlord.

While a landlord who is not a possessor is not liable for injuries sustained by the tenant or third parties on the property, there are exceptions.  Those exceptions include the landlord's retention over part of the leased premises and injury occurs on that part, and agreeing to keep the premises in good repair and failing to do so and injury results from that failure.  Here, a portion of a former supermarket was leased to a tenant under an "as is" lease.  However, the landlord, under the terms of the lease, agreed to keep the ceiling, floors, lighting and other fixtures, in good repair.  The ceiling and fixtures were not in good condition when the tenant took possession and the tenant did not ask the landlord to make repairs.  The plaintiff, an employee of the tenant, was injured when light fixtures fell on her.  The trial court granted summary judgment for the landlord (defendant), but the appellate court reversed on the basis that the defendant had agreed to keep light fixtures in "good repair" but had failed to do so.  The court reversed the trial court and remanded for trial.  Benson v. 13 Associates, LLC, No. 14-0132, 2015 Iowa App. LEXIS 102 (Iowa Ct. App. Feb. 11, 2015).