371. Landlord in possession of part of the premises.

Where the landlord retains possession of part of the premises, such as the roof or one floor of a building, his liability for injury to persons or property on the demised premises resulting from the non-repair of that part depends, not upon any contractual obligation to repair, but upon negligence (namely, the ordinary duty of an occupier of property to take reasonable care that his property does not become dangerous to adjoining property or to persons lawfully on it)1. For a person injured to recover damages, it is not necessary that the landlord should have had notice of the want of repair2.

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