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Property Law and Real Estate

Cleveland State University

Journal

1967

Control

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Covenant To Repair As Evidence Of Landlord's Control, Edmund Button Jan 1967

Covenant To Repair As Evidence Of Landlord's Control, Edmund Button

Cleveland State Law Review

An exception to the rule that the tenant and not the landlord is liable for defective conditions of leased premises has for its basis the landlord's promise or covenant to repair. Unlike other exceptions, this one is neither well defined nor uniformly applied through-out the states. How the courts construe the landlord's promise to repair as affecting his liability in tort is the concern of this note.