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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 70-24-303

Citation
Section 70-24-303
Parent Document
Calder v. Anderson, 911 P.2d 1157 (1996)
Jurisdiction
Montana (state)
Effective Date
1996-02-26

Other Sections in This Document (335)

Full Text

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slip      by.         The Alaska               court          stated:
                   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[sl         .'I   AS
          34.03.120(l).             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.                  Reconcil-
          iation     can be accomplished                     by interpreting             the 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[sl      II in section
          120(l).          1n context            this        must refer           to the inherent
          physical        qualities         of the premises. .