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/ ↗

Full Text

874 chars

Nowadays the value to the tenant of his lease of an apartment is not in the land itself, but rather, in the right to enjoy the building thereon as a place in which to live. He is more concerned with habitability than with the possibility of the land - lord’s interference with his possession. Keeping the apartment in a livable state is much more complex and costly than it was in the agrarian society which ■ gave birth to the feudal system and the ensuing common law of landlord and tenant. 1 American Law of Property 5. 3.78, at 347 (1952 ). The importance of a lease of an apartment today is not to create a tenurial relationship between the parties, but rather, to arrange the leasing of a habitable dwelling. Lemle v. Breeden, 51 Hawaii 426, 429, 462 P.2d 470, 472 (1969); Javins v. First Nat'l Realty Corp., 428 F.2d 1071, 1074 (D.C. Cir. 1970); Marini v. Ireland, 56

Other Sections in This Document (39)

Full Text