| DATE: |
07/03/02 |
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|---|---|---|---|---|
| SUBJECT/TOPIC: |
TENANT LIABILITY FOR FIRE DAMAGE | |||
| Q: | I am preparing to speak at a seminar. Part of my talk will address responsibility for building improvements assumed by a tenant in lease agreements. My question is this: Are there statutes or judicial decisions that limit a landlord's ability to transfer responsibility for damage to property tothe tenant? |
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| A: | Tennessee has a statute that may apply, TCA 66-7-102.
Under that statute, unless the lease provides otherwise (i)
a tenant's covenant to repair does not include fire damage
unless the fire was the tenant's fault, and (ii) a tenant may
terminate the lease if the premises is destroyed by fire
unless the fire was the tenant's fault. |
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