36.310 Landlord and Tenant; Duty of Tenant; Avoidance of Danger

36.310 Landlord and Tenant; Duty of Tenant; Avoidance of Danger If the tenant has knowledge of the defective condition of the rented premises, and the defect is such that an ordinarily careful person would know that it would be dangerous to use that area, it is the tenant's duty to stop using that portion of the premises or dangerous area. If the tenant should voluntarily use a portion of the premises known to be defective and dangerous and should be injured, the tenant would be guilty of such contributory negligence as would bar a recovery. In the use of rented premises, a tenant is required to use ordinary care for his/her own safety, and if in doing so the tenant could have discovered a dangerous condition of the premises, if such dangerous condition existed, and prevented injury, the tenant could not recover, whether or not the landlord knew of the dangerous condition of the premises. Finley v. Williams, 45 Ga. App. 863, 864 (1932) Mullinax v. Cook, 115 Ga. App. 201, 205 (1967); distinguished at 152 Ga. App. 782 (1979)