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In the Spotlight: Imposition of Heightened Duty on Commercial Landlords for Repairs

The common law has been displaced now in several jurisdictions where the courts are deviating from the common law rule in commercial leases and toward the imposition of an affirmative duty upon commercial landlords to undertake repairs to leased premises.

20 minute read September 26, 2011 at 10:56 AM
By
Catherine L. Burns
In the Spotlight: Imposition of Heightened Duty on Commercial Landlords for Repairs

For decades, the doctrine of caveat emptor provided the basis for the common law rule that a landlord has no obligation to make repairs (based upon the reasoning that the tenant leased the premises on an “as-is” basis and assumed all of the risks associated with that “as-is” condition).

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