Klimkowski v. De La Torre

OPINION

McGREGOR, Judge.

This case presents the narrow issue whether a landlord may be held liable for damages resulting from a nuisance created by tenants after they come into possession of the leasehold property when the landlord, after notice of the nuisance, continues to rent the property to the tenants on a month-to-month basis. Because we conclude that a landlord may be held liable under these circumstances, we reverse the trial court’s grant of summary judgment to the landlord.

I

Theodore E. Klimkowski (plaintiff) owned a piece of real property that bordered on a five-acre parcel of…