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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-02-25

Other Sections in This Document (206)

Full Text

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Second, in considering the warranty of habitability, the trial court did properly shift to the landlord the burden of producing evidence rebutting a manifest breach, but the court raised the hurdle too high. It imposed a burden “to show that a third party was responsible” instead of to show (as in the case of alleged negligence) that the landlord could not- have known of the defect in the exercise of reasonable care. Therefore, although the trial court treated the landlord too lightly in considering negligence, it leaned on the landlord too heavily in evaluating the warranty. On this record, I also would reverse and remand for reconsideration of the alleged breach of warranty-