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Getting Past Thompson v. Harris: A New Standard of Constructive Eviction in Arizona |
October 26, 2012
Previously published by Arizona Attorney Magazine on October 2012
In 1969 the Arizona Court of Appeals decided Thompson v Harris. Thompson the famous (or infamous) welding shop case, dramatically illustrates the traditional rule that a landlord has no duty to one tenant to correct the nuisance activities of another. Put more legalistically the case holds that a "landlord's obligation under a covenant of quiet enjoyment ... does not extend to acts of other tenants or third parties unless such acts are performed on behalf of the landlord or by one claiming paramount title.''
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