Green v. Superior Court, 517 P.2d 1168 (1974)

Citation: Green v. Superior Court, 517 P.2d 1168 (1974)
Parent Document: Green v. Superior Court, 517 P.2d 1168 (1974)
Jurisdiction: California (state)
Effective Date: 1974-01-15
Original Source: https://www.courtlistener.com/opinion/1182285/green-v-superior-court/ ↗

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The recent decisions recognize initially that the geographic and economic conditions that characterized the agrarian lessor-lessee transaction have been entirely transformed in the modern urban landlord-tenant relationship. We have suggested that in the Middle Ages, and, indeed, until the urbanization of the industrial revolution, the land itself was by far the most important element of a lease transaction; this predominance explained the law’s treatment of such leases as conveyances of interests in land. In today’s urban residential leases, however, land as such plays no comparable role. The typical city dweller, who frequently leases an apartment several stories above the actual plot of land on which an apartment building rests, cannot realistically be viewed as acquiring an interest in land; rather, he has contracted for a place to live. As the Court of Appeal for the District of Columbia observed in Javins v. First National Realty Corporation

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