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Landlord’s Tort Liability

9 1 9 landlord s tort Liability LETICIA MAGDALENO Clinical Professor of Law Loyola University Community Law Center Chicago _____ This revision incorporates the original chapter written by Henry Rose. Copyright 1998 by Leticia Magdaleno. 9 3 I. [ ] Scope of Chapter II. Personal Injuries A. [ ] Scope of Subchapter B. General Rule 1. [ ] Duty 2. [ ] Scope of Duty C. [ ] Exceptions 1. [ ] Common Areas 2. [ ] Latent Defects 3. [ ] Negligent Repairs 4. Covenant To Repair a. [ ] Express Covenant To Repair b. [ ] Implied Covenant To Repair 5. [ ] Doctrine of Foreseeable Consequences Duty to Children 6. [ ] Nuisance 7. [ ] Violation of Statute or Ordinance 8. [ ] Implied Warranty of Habitability D. [ ] Notice E. [ ] Comparative Negligence F. [ ] Proximate Cause G.

If the landlord does enter the leased premises to make repairs (e.g., under a provision in a lease), such action alone does not give the landlord control for purposes of liability to the tenant. Thus, the general rule often operates against the tenant who is responsible for keeping and maintaining leased premises in a reasonably safe condition.

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  Liability, Atingsa, Landlord, Premises, Tort, Landlord s tort liability

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