Opinion
43799.
ARGUED JULY 3, 1968.
DECIDED SEPTEMBER 3, 1968.
Action for damages. Glynn Superior Court. Before Judge Flexer.
J. S. Hutto, for appellants.
Lissner Killian, William R. Killian, for appellee.
1. A provision in a lease agreement that "renters hereby release owner and her agents, from any and all damages to both person and property and will hold them harmless from all such damages during the period of this lease" will preclude such lessee from holding the lessor liable in damages for injury to person or property because of negligence and failure to maintain and keep in proper repair the leased premises, regardless of whether or not the duty to maintain and repair was an obligation of the landlord generally. Plaza Hotel Co. v. Fine Products Corp., 87 Ga. App. 460 ( 74 S.E.2d 372); Capital Wallpaper Co. v. Callan Court Co., 38 Ga. App. 428 ( 144 S.E. 135).
2. Accordingly where, as in the present case, the tenants under a lease having such a provision sought recovery of damages against the landlord because of the landlord's failure to make certain repairs and improvements required by the local health department, which resulted in the tenants being unable to operate their business on the premises, it was not error to grant the defendant landlord's motion for summary judgment.
Judgment affirmed. Jordan, P. J., and Deen, J., concur.