Kline v. Burns, 111 N.H. 87 (1971)

Citation: Kline v. Burns, 111 N.H. 87 (1971)
Parent Document: Kline v. Burns, 111 N.H. 87 (1971)
Jurisdiction: New Hampshire (state)
Effective Date: 1971-04-05
Original Source: https://www.courtlistener.com/opinion/1895971/kline-v-burns/ ↗

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The briefs submitted on behalf of Burns and Daggett take the position that the trial court erred in ruling that violations of the housing code by the landlords were not determinative of the rights of the parties. They contend that the duty to comply with the code was a contractual obligation of the landlords to the tenants and that their obligation to pay rent was dependent on the landlords’ performance of their obligation. They maintain also that the common-law principles of landlord and tenant relied on by the trial court, that is, (1) the doctrine of caveat emptor by which the tenants take the premises as they are in the absence of fraudulent concealment of defects; (2 ) the lack of duty on the landlords to keep the premises in repair; ( 3 ) the absence of mutual dependency between the obligations of the landlords and those of the tenants, are all remnants of an ancient feudal system and anachronisms in our present society. See 1 American Law of Property s.

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