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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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. Given the fact that the landlord ordinarily “will be chargeable with notice of conditions which existed prior to the time that the tenant takes possession,” Restatement, supra § 17.6, Comment c, theoretically the landlord should be in default once the number of days had passed reasonably required to cure the defect after the first day of the tenancy. The Restatement, however, expresses the view that the landlord, even with such constructive notice, generally has no duty to repair until after the tenant makes a request, apparently on the ground that the tenant has waived the breach upon entry until the tenant gives notice. See id., § 5.3. I do not find this waiver/request theory persuasive; I would find a landlord has constructive notice of defects existing at the inception of a tenancy.