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Property Law and Real Estate

Journal

Cleveland State University

Covenant to repair

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

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.


Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz Jan 1966

Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz

Cleveland State Law Review

Generally, the landlord is under an affirmative obligation to exercise ordinary care to keep those parts of the premises over which he has retained possession and control in a reasonably safe condition. The test of possession and control is whether or not the landlord has the power and the right to admit people to or exclude them from the premises.