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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kunst v. Pass, 1998 MT 71 (1998)

Citation
Kunst v. Pass, 1998 MT 71 (1998)
Parent Document
Kunst v. Pass, 1998 MT 71 (1998)
Jurisdiction
Montana (state)
Effective Date
1998-03-31

Other Sections in This Document (63)

Full Text

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An aggrieved party includes a tenant's guest who is injured by a landlord's failure to maintain the premises in a habitable condition, if the tenant herself could recover damages for the same injury. The measure of a "habitable condition" may be what is habitable by those who reside in the premises, but when the measure is breached, ORS 91.725 recognizes that others may suffer the consequences. The [tenant's guest] therefore has a cause of action if she is injured because of the [landlord's] breach of the act. Humbert, 708 P.2d at 347.