Martin v. Springdale Stores, Inc.

• Decision Date: 04 January 1978
• Citation: 354 So.2d 1144
• Parties: David L. MARTIN v. SPRINGDALE STORES, INC. Civ. 1279.
• Court: Alabama Court of Civil Appeals

Page 1144

354 So.2d 1144

David L. MARTIN v. SPRINGDALE STORES, INC.

Civ. 1279.

Court of Civil Appeals of Alabama.

Jan. 4, 1978.

Rehearing Denied Jan. 25, 1978.

Joseph J. Boswell, Mobile, for appellant.

Geary A. Gaston, Mobile, for appellee.

HOLMES, Judge.

This is an appeal by appellant-plaintiff from an order of the Circuit Court of Mobile County granting appellee-defendant's motion to dismiss plaintiff's claim. The trial court's order was bottomed on the premise that appellant's claim for damages for the breach of implied warranties failed to state a claim upon which relief could be granted under Alabama law.

The dispositive issue in this case is whether there is an implied warranty of habitability and fitness made by a lessor-landlord to a lessee-tenant by the act of renting residential property. If there is no such implied warranty, the trial court did not err in granting appellee's motion to dismiss.

The pertinent undisputed facts, as shown by the record and briefs filed with this court, reveal the following:

Appellant-plaintiff rented an apartment from the appellee-landlord and entered into a written residential lease agreement covering the period from May 1, 1974, to April 30, 1975. Pertinent parts of this lease, dealing with the question of responsibility for damage to personal property and the responsibility for the condition of the premises, are set out below:

"4. Lessee has examined the premises, is satisfied with the physical condition and his taking possession is conclusive evidence of receipt of them in good order and repair, except as otherwise specified; and he agrees that no representation as to condition or repair has been made except as is contained in the lease and he agrees that no promise to decorate, alter, repair, or improve the premises has been made except such as is contained in the lease.

"10. All personal property placed in the leased premises, or in the storerooms or in any other portion of said building or any place appurtenant thereto, shall be at the risk of Lessee, or the parties owning same, and Lessor and Lessor's agents or employees shall in no event be liable for the loss of or damage to such property or for any act of negligence of any employee or of any covenants or servants of tenants or occupants or of any other person whomsoever in or about the building.

"16. Lessee assumes responsibilities for the condition of the premises. Lessor will not be responsible for damage caused by leaks in the roof, by bursting of pipes by freezing or otherwise, or any vices or defects of the leased property, or the consequences thereof, except in case of positive neglect or failure to take action toward the remedying of such defects within reasonable time after having received WRITTEN NOTICE from Lessee of such defects and the damage caused thereby. Should Lessee fail to promptly so notify Lessor, IN WRITING, of any such defects, Lessee will become responsible for any damages resulting to Lessor or other parties."

After living in the leased premises for approximately four months, the appellant's utility bill increased considerably. Appellant contacted appellee's agent and complained of such increase. Appellant was referred to Alabama Power Company who checked and confirmed that appellant's bill and meter were correct. Approximately twelve days later, on September 22, 1974, a fire occurred in appellant's apartment.

As a result of the apartment being damaged, appellee made another apartment available to appellant.

Appellant filed a one-count complaint alleging that appellant impliedly warranted the habitability of the leased apartment. Appellant further alleged the warranty was breached in that the apartment was not habitable due to defective electrical wiring and that this rendered the apartment unreasonably dangerous. Appellant then demanded judgment in the sum of $2,500 for damages suffered as a result of the fire. Upon motion by appellee, the trial court dismissed appellant's complaint on the basis that it failed to state a claim under Alabama law. Appellant appeals that order.

As noted above, the dispositive issue in this case is whether the warranty of habitability applies to the rental of residential property.

This court has recognized and adopted the principle of an implied warranty of fitness and habitability for...