Landlord Liability: COA Holds Landlords Not Liable to Tenant for Personal Injuries for Breach of Lease's Duty to Repair

In Pinkston v. Audobon Area Community Services , Judge Wine dusted off a 1921 Kentucky Court of Appeals decision which had never been cited by any Kentucky appellate court thereafter to hold that "a landlord is not liable for injuries caused by breach of a covenant to make repairs to a leased premises. Rather, the remedy for breach of an agreement to repair is the cost of repair."

The landlord in Pinkston had a contractual duty to repair and had been notified by the tenant of the loose handrail and oily spot on the steps.  The tenant and her family had even tried to repair it themselves to no avail.  Then as Pinkston was traversing the steps, she slipped and reached for the handrail which did not hold.  She injured herself and sued.

The COA also rejected the defense of charatible immunity from torts by the landlord.