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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 11

Citation
§ 11
Parent Document
Beltway Management Co. v. Lexington-Landmark Insurance, 746 F. Supp. 1145 (1990)
Effective Date
1990-09-19

Other Sections in This Document (164)

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463 F.2d 853, 869 (D.C.Cir.1972) (emphasis added) (citations omitted). Thus, constructive eviction assures a tenant of a premises fit for possession, which is precisely what the warranty of habitability assures. In fact, the two doctrines are often viewed as alternative remedies for the same harm: Under constructive eviction, the tenant could leave without any continuing obligation to pay rent; under the warranty of habitability, the tenant could repair and deduct. See Bell v. Tsintolas Realty Co., 430 F.2d 474, 478 n. 26 (D.C.Cir.1970); see also Marini v. Ireland,