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Series

Property Law and Real Estate

Duty to repair

Articles 1 - 6 of 6

Full-Text Articles in Law

When Neither Party Will Fix The Roof, Roger Bernhardt Oct 2006

When Neither Party Will Fix The Roof, Roger Bernhardt

Publications

This article discusses the conflict that arises in commercial property where neither tenant nor landlord has a duty to repair: the landlord may not evict and the tenant may not quit. The tenant may ultimately be held responsible for the repair under the duty to avoid waste.

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What Happens When The Sky Does Fall In?, Roger Bernhardt Jan 2006

What Happens When The Sky Does Fall In?, Roger Bernhardt

Publications

This article discusses the uncertainty in commercial lease situations where the roof requires complete replacement, and neither party is obliged to do so.

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Landlord’S Construction Of Defective Tenant Improvements: Del Taco V University Real Estate, 2003, Roger Bernhardt Jan 2003

Landlord’S Construction Of Defective Tenant Improvements: Del Taco V University Real Estate, 2003, Roger Bernhardt

Publications

This article discusses a California case which held the transfer of property relieved a former lessor of liability to the lessee because the sale of the property terminated privity of estate.

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Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt Jan 2002

Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt

Publications

This article discusses a California case which held a landlord who covenants or undertakes to install a window screen—but fails to do so—may be liable to the tenant’s child who falls out the window.

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The Dangers Of Disrepair, Roger Bernhardt Oct 2001

The Dangers Of Disrepair, Roger Bernhardt

Publications

This article discusses a California case where the landlord was held liable for property damage from a defective electrical system even though the tenants had not paid rent for the past year. The article covers liability in tort or contract, untenantability, attorney fees, and the interaction of the duty to repair and the duty to pay rent.

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Sticky Bathtubs And Slippery Rules, Roger Bernhardt Oct 1995

Sticky Bathtubs And Slippery Rules, Roger Bernhardt

Publications

This article discusses the California Supreme Court’s reversal of its earlier doctrine of strict liability in tort imposed on residential landlords.

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