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Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green
Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
In this article, I show how a coherent legal narrative must capture the revolution's radical policy by abandoning the no tort liability rule, which can be done in a number of ways: an open acknowledgement that the duty to repair creates a new property right that must be enforced by a property rule or more subtly through the use of both traditional and modern tools of jurisprudence, that is, legal fictions, equitable maxims and economic efficiency analysis. This article proceeds with a discussion of the common law landlord-tenant law, the adoption of the implied warranty of habitability, along with the …
The Common-Law Conception Of Leasing: Mitigation, Habitability, And Dependence Of Covenants, John A. Humbach
The Common-Law Conception Of Leasing: Mitigation, Habitability, And Dependence Of Covenants, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Property law may be the most eternal of secular law. Its basic precepts and conceptions are largely stable and long settled. An aspect of property law undergoing notable change, however, is the law of landlord and tenant. The most important recent change in landlord-tenant law involves the reversal of responsibility for the quality of leased premises. In place of the tenant's traditional burden of caveat emptor and duty of repair, many courts now recognize an implied warranty of habitability, at least for residential tenancies. These same courts typically reject the traditional doctrine that mutual obligations in leases are "independent," that …
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The present Article suggests that the problem of incompatible neighboring tenants can be most efficiently and "justly" dealt with by permitting a substantial degree of landlord control over tenant behavior-with the removal of offending tenants, at the landlord's instance, being the most effective sanction of ultimate recourse in the effectuation of such control. For some courts, ceding this power of control to landlords would require a measure of constraint which they may find uncustomary or even distasteful. As institutions charged with doing justice, the courts' instinct to intervene in the norm-creating process is undoubtedly great, even when the parties before …