Becker v. IRM Corp., 698 P.2d 116 (1985)

Citation: Becker v. IRM Corp., 698 P.2d 116 (1985)
Parent Document: Becker v. IRM Corp., 698 P.2d 116 (1985)
Jurisdiction: California (state)
Effective Date: 1985-04-29
Original Source: https://www.courtlistener.com/opinion/1172788/becker-v-irm-corp/ ↗

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A similar development appears with respect to the landlord-tenant relationship. The earlier legal concepts regarded the lease as an equivalent to a sale of the premises for the term and under traditional common law rules the landlord owed no duty to place leased premises in a habitable condition and no obligation to repair absent an agreement. (Green v. Superior Court (1974) 10 Cal.3d 616, 622 [111 Cal. Rptr. 704, 517 P.2d 1168]; McNally v. Ward (1961) 192 Cal. App.2d 871, 878 [14 Cal. Rptr. 260].) "The common law placed the risk on the tenant as to whether the condition of the leased property made it unsuitable for the use contemplated by the parties. In recent years, the definite judicial trend has been in the direction of increasing the responsibility of the landlord, in the absence of a valid contrary agreement, to provide the tenant with property in a condition suitable for the use contemplated by the parties. This judicial trend has been supported by the statutes that deal with this problem. This judicial and statutory trend reflects a view that no one should be allowed or forced to live in unsafe and unhealthy housing." (Rest. 2d Property, Landlord and Tenant, ch. 5, introductory note, p. 150.)

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