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SUPPLEMENT TO P.D. 6 1 (1974)

handle is hein.ali/resdplltnt0018 and id is 1 raw text is: CHAPTER EIGHTA NONPERFORMANCE OF LANDLOR 'PROMISE PREVENTS CONTEMPLATED USE Introductory Note: Promises of the landlord which relate to providing leased premises free of a paramount title, or which relate to the condition of the leased premises, are to a certain extent in the background of the rules set forth in Chapters Four and Five. This Chapter Eight-A is designed to deal generally with the tenant's rights that grow out of the nonperformance by the landlord of promises made by him to the tenant. At old common law the promises made by a landlord in a lease were independent obligations so that the failure of the landlord to perform them did not give the tenant any right to disregard his obligations under the lease. The emerging, judicial sentiment in regard to the landlord's obligation to provide leased premises that meet health and safety standards repudiates the independence of promises approach in leases in that area and by analogy this repudiation is carried over generally by this Chapter Eight-A in- to the area of all landlord's promises where the performance of the promises has a significant relationship to the tenant using the leased property in the manner contemplated by the parties. - 1-