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MMLU / A landlord owns a two-story building. The landlord leased the building and the…

Problem

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question

A landlord owns a two-story building. The landlord leased the building and the surrounding property to a tenant for a term commencing on December 1, 2006 and terminating on November 30, 2008. Their leasehold agreement contained the following provisions: "The tenant covenants to pay the rent of $500 per month on the first day of each month and to keep the building situated upon leased premises in as good repair as it was at the time of said lease until the expiration thereof. "On April 15, 2007, the tenant had her annual "Tax Time Party" where she and her friends would all walk to the post office together to mail their taxes and then have drinks and dinner at the tenant's apartment to celebrate. After a few drinks, one of the tenant's friends became belligerent toward one of the partygoers who challenged some of the friend's deductions. The friend charged at the other partygoer and crashed into the wall after the partygoer got out of the way. The crash caused extensive damage to one of the walls in the apartment. This state is a common law jurisdiction. In addition, the controlling Statute of Limitations for initiating an action for damages due to negligence is five years from the time the cause of damage occurs. In an appropriate action to construe the tenant's obligation under the covenant to keep the premises in repair, which of the following is the most accurate statement?

choices

  1. The tenant is liable for normal wear and tear under the covenant to repair.
  2. The tenant is liable under such a covenant for all defects, including the damage to the wall.
  3. The tenant's covenant to repair is void as against public policy, because the landlord is under an affirmative duty to make repairs on the demised premises.
  4. The tenant's duty to keep the premises in good repair relieves the landlord of his obligation to disclose the existence of any latent defects.

subject

professional_law

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Source and history

task_id
ec86aa99-0f5a-59b2-95c3-70e495d5903a
task_key
all--test--ec86aa99-0f5a-59b2-95c3-70e495d5903a
task_revision_id
1
config / split
all / test

Official source

initial import