Childress v. Bowser

SHEPARD, Chief Justice.

The question presented is whether a binding covenant to repair may reasonably be inferred from a landlord’s admonition to a tenant at the inception of an oral lease to “do nothing” to the rental premises and his later specific promise to make a particular repair. We hold that such an inference may reasonably be drawn.

Richard Childress (Richard) leased a house from Carl E. Bowser, Jr., in March 1985 under an oral, month-to-month lease. At the inception of the lease Bowser told Richard, “don’t change nothing, don’t nail a lot of nails in, don’t do nothing to the house.”…