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1975 Wis. L. Rev. 19 (1975)
Landlord's Liability for Defective Premises: Caveat Lessee, Negligence, or Strict Liability

handle is hein.journals/wlr1975 and id is 27 raw text is: LANDLORD'S LIABILITY FOR DEFECTIVE PREMISES: CAVEAT LESSEE, NEGLIGENCE, OR STRICT LIABILITY?* JEAN C. LovEt INTRODUCTION 21 I. LANDLORD-TENANT RELATIONS: COMMON LAW AND Housmo CODES 22 A. The Nature of a Real Property Lease 23 1. STATUS - --- 23 2. CONTRACT 24 3. CONVEYANCE OF PROPERTY 25 4. CONTRACT OR CONVEYANCE? 26 B. The Development of Caveat Lessee ...................... 27 C. Tenant's Remedies Against Landlord 31 1. INDEPENDENT COVENANTS -........... ............... 31 a. Landlord's covenant of quiet enjoyment and tenants covenant to pay rent 32 b. Landlord's covenant to repair and tenant's covenant to pay rent 33 2. CONSTRUCTIVE EVICTION 34 D. Housing Codes 37 1. STATUTORY DUTY TO REPAIR 38 2. CRIMINAL SANCTIONS ..41 3. CIVIL SANCTIONS 42 II. LANDLORD'S LIABILITY FOR DEFEnCTVE PREMISES: COMMON LAW 48 A. General Rule: Immunity from Liability . 48 B. Exceptions to the General Rule . 49 1. UNDISCLOSED LATENT DEFECTS KNOWN TO LESSOR 50 2. PREMISES LEASED FOR ADMISSION OF PUBLIC 53 3. IMPLIED WARRANTY OF HABITABILITY OR MERCHANTABILITY IN FURNISHED DWELLINGS FOR A SHORT TERM 54 4. COVENANT TO REPAIR 57 5. NEGLIGENT REPAIRS 63 6. PREMISES IN COMMON USE 65 7. STATUTORY DUTY TO REPAIR 68 a. Criminal statutes 69 b. Civil statutes 77 * I would like to express my appreciation to Diane Barratt Irwin and Loretta Hersch Selinger for their competent and thorough research assistance; to Professor Edgar Bodenheimer (University of California, Davis) for his translation of German legal materials and his insights on the comparative law aspects of landlord-tenant re- lations; and to Professors Daniel J. Dykstra (University of California, Davis), Mi- chael M. Greenfield (Visiting Professor, University of California, Davis, on leave from Washington University) and Edward H. Rabin (University of California, Da- vis) for their valuable comments on the manuscript of this article. t Acting Professor of Law, University of California, Davis. B.A., 1965; I.D., 1968, University of Wisconsin.

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