Javins v. First National Realty Corp., 428 F.2d 1071 (1970)

Citation: Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Parent Document: Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Jurisdiction: DC (municipal)
Effective Date: 1970-05-07
Original Source: https://www.courtlistener.com/opinion/8896568/javins-v-first-national-realty-corp/ ↗

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The assumption of landlord-tenant law, derived from feudal property law, that a lease primarily conveyed to the tenant an interest in land may have been ..reasonable in a rural, agrarian society; it may continue to be reasonable in some leases involving farming or commercial land. In these cases, the value of the lease to the tenant is the land itself. But in the case of the modern apartment dweller, the value of the lease is that it gives him a place to live. The city dweller who seeks to lease an apartment on the third floor of a tenement has little interest in the land 80 or 40 feet below, or even in the bare right to possession within the four walls of his apartment. When American city dwellers, both rich and poor, seek “shelter” /today, they seek a well known package of goods and services 9 — a package which includes not merely walls and ceilings, but also adequate heat, light and ventilation, serviceable plumbing facilities, secure windows and doors, proper sanitation, and proper maintenance. Professor Powell summarizes the present state of the law:

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