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Open Access. Powered by Scholars. Published by Universities.®

1994

Property Law and Real Estate

University of Richmond

40 Associates v. Katz

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The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray Jan 1994

The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray

University of Richmond Law Review

Landlord-tenant law has undergone a major change since it was first developed in England in the Middle Ages. During feudal times, the lease was considered a conveyance of real property. The landlord transferred possession of the property and in return the tenant paid rent. The lease covenants existed independently of each other. Thus, if the landlord breached the lease, the tenant was not relieved of his obligation to pay rent. The landlord owed no obligation to the tenant other than the assurance of quiet enjoyment of the property. The tenant bore all the risk of the physical condition of the …