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Landlord Tenant Law Litigation

A Primer on Landlord Exculpatory Provisions In Leases

Keystone Specialty Services Co. v. Ebaugh

Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.

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In Keystone Specialty Services Co. v. Ebaugh, 267 A.3d 1250 (2021), the Superior Court of Pennsylvania recently affirmed a lower court’s summary judgement decision in favor of the defendant-landlord finding that the tenant’s negligence claims were barred by the exculpatory provisions in the lease.

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