Friday, March 23, 2012

Javins v. First National Realty Corp. case brief

Javins v. First National Realty Corp., US Ct of Appeals for D.C., 1970
  1. P sue for defaulted rent and D alleged numerous violations of the Housing Regulations as equitable defense.
  2. Holding: Made possible to have a cause of action and go to court for breach and moves the enforcer to the tenants - residential leases should be interpreted and construed like any other contract
  3. Breach of code is now a breach of lease with the landlord
  4. Largely legislation – courts imply relevant law into contracts to provide a remedy for any damage caused by one party’s illegal conduct
  5. court says that today’s urban tenants are interested, not in the land, but solely in “a house suitable for occupation”

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