Hunkins v. Amoskeag Manufacturing Co.

It is “the well-settled rule that a landlord is under no legal duty to repair the leased premises” (Gobrecht v. Beckwith, 82 N. H. 415, 417, and cases cited), provided, of course, he is not so obligated by the express terms of the tenancy. But even then, a breach of his obligation does not render him liable in an action of tort for negligence. Dustin v. Curtis, 74 N. H. 266; Petroski v. Mulvanity, 78 N. H. 252.

The rule is otherwise, however, if the landlord, being under no contractual duty to repair the demised premises, chooses nevertheless to undertake that work. ‘ ‘ The person voluntarily…