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Series

2006

Property Law and Real Estate

Duty to repair

Articles 1 - 2 of 2

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.


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.