Landlord negligence¶

Domain guide, Property subrogation, theory 3.7

The theory¶

A landlord who controls the building and fails to repair a known or long-standing condition is liable for the tenant-insured's resulting loss. Notice to the landlord, or a condition present long enough that the landlord should have known, establishes the duty.

Who must be on the roster¶

landlord.

Facts that establish it¶

cause_attribution_to_party (required): the loss must be tied to the landlord's condition or conduct, not merely that the landlord owns the building.
At least one of prior_notice_described (the landlord was told), source_property_condition_described (the condition itself is documented), or condition_duration_stated (how long it existed).

What defeats it¶

A lease waiver of subrogation covering the landlord (PROP-SUBRO-DEF-001) is the main defence.
The property-damage limitation period (PROP-SUBRO-DEF-002).
An act of God where the event, not the condition, caused the loss (PROP-SUBRO-DEF-004).
Where the cause was construction or repair work at the property, the jurisdiction's construction statute of repose may bar the claim outright regardless of notice. The gate is wired for the contractor theory; whether it is wired for this theory depends on the build you are reading - check PROP-SUBRO-SPEC-001's repose-theory list before relying on it.

Recovery channel¶

Demand letter.

What the carrier does¶

Obtain the lease and check for a subrogation waiver before any investment.
Document when the condition was first reported or first became apparent.
Confirm whether the tenant's policy names the landlord as an additional insured - commercial leases often require it, and that bars recovery against the landlord even with no waiver clause.
Preserve the condition before repair, where possible.

A claim that fits¶

Horizon Retail Group leases space from Meridian Properties LLC. A roof leak Meridian's own maintenance log shows was reported eleven months before the loss, and never repaired, caused water damage to Horizon's stock. The lease was reviewed; it does not name Meridian as requiring a subrogation waiver, and nothing in it names Meridian as an additional insured on Horizon's policy.

How the engine reads itLandlord on the roster; cause attributed to Meridian, which is required; prior notice stated. Landlord negligence confirmed. Because no fact in the v1.0 schema ever states whether the landlord is named an additional insured, that question is always surfaced as a material condition on this theory - not only when something looks off, every time. refer_with_conditions, demand letter.

Records behind it¶

Theory record PROP-SUBRO-THEORY-007 Defenses PROP-SUBRO-DEF-001, PROP-SUBRO-DEF-002, PROP-SUBRO-DEF-004, PROP-SUBRO-DEF-006