Burelle v. Pienkofski

The rule that a tenant takes the premises as he finds them and that, in the absence of warranty or deceit, neither the tenant nor his invitees may recover against the landlord for injuries sustained by reason of defects therein (Towne v. Thompson, 68 N. H. 317, 319; Clark v. Sharpe, 76 N. H. 446; Marston v. Andler, 80 N. H. 564) does not apply to those portions of the premises which the landlord furnishes for the common use of his tenants and over which he retains control. Gobrecht v. Beckwith, 82 N. H. 415, 417; Saad v. Papageorge, 82 N. H. 294, 296. In such cases he has the duty to use…