Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)

Citation: Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)
Parent Document: Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)
Jurisdiction: DC (municipal)
Effective Date: 1970-09-08
Original Source: https://www.courtlistener.com/opinion/295292/sarah-b-kline-v-1500-massachuset... ↗

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In its overzealous attempt to assist the apartment dweller, the panel opinion is forcing a contrary result. The panel opinion calls for "protection" of the tenant by the landlord without describing the degree thereof. The stated standard is thus vague, but in the light of the facts of this case (see footnote 2 relying upon plaintiff's allegation that appellee "failed to hire sufficient number of guards"), it is an extremely high standard that borders on insuring tenants that the corridors of office-apartment buildings (and hence many apartment buildings) will not be used for the commission of criminal offenses. Owners of apartments in their own self interest will be required to view this standard, particularly in light of our jury trial practices, as being incapable of assured compliance and thus be forced to contract against such unreasonable liability (both as to character and amount) by contracting for exculpatory provisions in leases.10 Thus tenants will get less instead of more protection and the panel opinion by imposing an unreasonable standard in this case is not rendering any real service to reasonable landlord-tenant relations.

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