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The Traditional Common Law Duty of a Landlordand Tenant to Keep the Leased Premises in Repair.A Legal OpinionByAnthony J. Fejfar, B.A., J.D., Esq., Coif Member of the United States Supreme Court Bar At the Traditional Common Law, in the United States, the Tenant onlyhas a Duty to make minor repairs to keep the leased premises fromdeteriorating, while the Landlord has a Duty to make Structural or Major repairs which are, or are the equivalent of, a Building Code Violation. TheTenant is not required to make substantial, lasting, or general repairs. See,Suydam vs. Jackson, 54 N.Y. 450 (1873). Thus, it is illegal for theLandlord to attempt to place the burden of repairs upon the Tenant, because,such a clause would be in derogation of the Common Law, and thus would be void for Public Policy. Therefore, if the repair is more than a minor repair needed to keep the Leased Premises from deterioration, and, theLandlord is not required to make the repair by a Housing Code, a BuildingCode, or a Statutory or Common Law Warranty of Habitability, then neither the Tenant nor the Landlord has the Duty to Repair. See generally, Powellon Real Property.
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