Wallace v. Dramberger

By Judge Robert P. Doherty, Jr.

The Court has previously ruled in this case that, although a tenant is not liable in tort to the landlord for the negligence of a subtenant, when the parties contract to not unreasonably use electrical appliances in such a way as to cause harm to the leased premises, proof of such an unreasonable act and resulting damage by the subtenant can be used, under the unique language of this lease and sublease, to impose liability on the tenant. If such liability were imposed, it would be under a breach of contract theory and not under a tort theory. Plaintiff landlord…