Issue

Implied warranty of habitability—corroded gas line—notice requirement

Summary

In an action against a landlord (defendant) by his tenant (plaintiff) who was severely injured in a gas explosion that was caused by a corroded gas line to a furnace, the trial court properly granted summary judgment in favor of defendant on plaintiff's claim for breach of implied warranty of habitability, because there was no evidence that defendant knew or should have known about the need for any repairs to keep the property in a fit and habitable condition, where plaintiff never informed defendant that the bathroom floor directly over the furnace had a large hole through which water leaked or that a smell of natural gas had been detected in the home, and plaintiff did not ask defendant to make any repairs.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →