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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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Appellees argue and the trial court found that liability for losses caused by conditions that violate the housing code and breach the implied warranty of habitability should be imposed without regard to whether a landlord has been negligent in maintaining the defective premises.[7] "[P]roof of negligence contravenes the whole idea of an implied warranty of habitability, which is a contractual obligation . . . . Proof of a breach of a contractual obligation is the sole requirement to establish . . . liability." Appellees' Brief at 8. Appellees would have us impose on a landlord strict liability for such losses unless the landlord could establish that the tenant or a third party was responsible for the defective condition of the premises. Appellees would, in effect, render a landlord an insurer of his tenants' property.