04-28-11 THERESA MEIER, ET AL. VS. PASQUALE D'AMBOSE A-2555-09T1
In the absence of a lease provision to the contrary, defendant-landlord had a duty to the lessee of a single-family dwelling to maintain the furnace and to inspect periodically for defects in order to prevent a hazardous condition leading to a fire and the lessee's death. Although the lease was for the entirety of the premises, the controlling law is that expressed in Restatement (Second) of Torts § 358, rather than the holdings of Patton v. Texas Co., 13 N.J. Super. 42 (App. Div.), certif. denied, 7 N.J. 348 (1951), and Szeles v. Vena, 321 N.J. Super. 601 (App. Div.), certif. denied, 162 N.J. 129 (1999).
