Calder v. Anderson, 911 P.2d 1157 (1996)

Citation: Calder v. Anderson, 911 P.2d 1157 (1996)
Parent Document: Calder v. Anderson, 911 P.2d 1157 (1996)
Jurisdiction: Montana (state)
Effective Date: 1996-02-26
Original Source: https://www.courtlistener.com/opinion/884076/calder-v-anderson/ ↗

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The duty of a tenant is to “keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permit[s].” AS 34.03.120(1). This obligation exists as part of the same statute which defines the landlord’s obligation to “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.” AS 34.03.100(a)(1). It follows that the legislature intended these obligations to be reconcilable. Reconciliation can be accomplished by interpreting *284the tenant’s duty to pertain to activities such as cleaning, ice and snow removal, and other light maintenance activities pertaining to the safety of the premises which do not involve an alteration of the premises, whereas the landlord’s duty relates to the physical state of the premises. This distinction is suggested by the phrase “as the condition of the premises permit[s]” in section 120(1). In context this must refer to the inherent physical qualities of the premises.

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