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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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Two aspects of this analysis are important: liability for negligence cannot arise with respect to a defect until the landlord (1) receives notice of the defect and (2) has *51a “reasonable time” within which to make repairs. The exercise of reasonable care presupposes the time within which to do it. Thus, if a tenant informs the landlord about a leaky roof and it takes five days to repair a roof, there can be no breach of a duty to the tenant — no landlord’s negligence — for the period of five days after notice. It follows that whatever remedies for negligence are available — rent abatement, damages to the leased premises and tenant possessions, and consequential damages for personal injury — they cannot be invoked (in my hypothetical) until after the fifth day, no matter what happens in the meantime. Id.; see id. §§ 10.2 (damages), 11.1 (rent abatement), 11.2 (application of rent to repair), 11.3 (rent withholding).2