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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 669

Citation
Section 669 (18c)
Parent Document
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction
California (state)
Effective Date
1980-02-05

Other Sections in This Document (161)

Full Text

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(18c) Applying the criteria set forth in J'Aire, we conclude that the rental agents owed a duty of ordinary care towards the tenant because *931 the transaction between the rental agent and the landowner was clearly intended to affect the tenants, and because harm would be foreseeable to the tenants if the rental agent did not properly perform his duty. When the owner is located at some distance from the rental property as in the present case (Connecticut), the tenant's only practical recourse is to complain to the rental agent. Imposition of a duty on the rental agent would as a matter of public policy encourage the agent to pass the complaints along to the owner or to take action to properly maintain the property, if this is part of his responsibilities as agreed with the owner. For these reasons, we believe that appellant has pleaded a sufficient relationship between herself as tenant and the rental agent as defendant to survive the demurrer. RUTH EARLEY'S DEMURRER