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
Original Source: https://www.courtlistener.com/opinion/2298306/george-washington-university-v-... ↗

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As to hidden defects, the question of a "reasonable opportunity to remedy" after notice often will be academic. As a practical matter, once a tenant takes possession, the trier probably will be hard pressed to find that the landlord had constructive notice of a hidden defect wholly within the tenant's domain (i.e., the landlord probably will not have been "able to discover the condition by the exercise of reasonable care," id.). On the other hand, as to a defect in the premises before the tenant took possession, the trier probably will find that the landlord had constructive notice long before the injury occurred, and thus had more than "a reasonable opportunity to discover the condition and to remedy it." Id.[3] There is, however, a third situation where the RESTATEMENT'S conditioning of liability on a reasonable period for repair after constructive notice of a defect may be critical to the landlord: the situation where the landlord retains control of a common area or facility after the tenant takes possession and thus the landlord retains continued exposure. II.

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