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Abstract

Where the landlord has retained possession and control of a part of the demised premises, he may be liable to the tenant or one in the right of the tenant for failure to exercise ordinary care to keep that part of the premises over which he has retained possession and control in a reasonably safe condition. The problem arises over what portion of the premises the landlord has retained possession and control, especially when the lease contains no provision on this subject. A review of the principles and a sampling of various fact situations involving possession and control of the premises may indicate the manner in which courts approach the problem.

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