Bell House v. Wilkins
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. A tenant’s covenant to keep the rented premises in repair absolves the landlord from his statutory duty to make repairs. .
2. A covenant to keep “the premises” in “repair” has reference to the condition of the premises as an entity, and not to the condition of any component part of the premises. It follows, therefore, that any upkeep, including, if necessary, an entire replacement of a component part of a building upon the rented premises—as, for instance, a furnace— which is necessary to a preservation of the premises in their entirety in the same condition as to tenantability as. they…
2Cases cited3 opinions
- Dougherty v. Taylor & Norton Co.Court of Appeals of Georgia · 1909
- Leominster Fuel Co. v. ScanlonMassachusetts Supreme Judicial Court · 1922
- Meyers v. MyrrellSupreme Court of Georgia · 1876
3Cited by8 opinions
- Capitol Funds, Inc., A/K/A Skyland Investment Company, Inc., Cross-Appellant v. Arlen Realty, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
- Midtown Chain Hotels Co. v. BenderCourt of Appeals of Georgia · 1948
- Browning v. F. E. Fortenberry & Sons, Inc.Court of Appeals of Georgia · 1974
- Edwards v. Ollen Restaurant Corp.City of New York Municipal Court · 1950
- Kersh v. Manis Wholesale Co.Court of Appeals of Georgia · 1975
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