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Abstract

For over eight hundred years the doctrine of caveat lessee has circumscribed the landlord's duty to insure the safety of leased property. Approximately thirty years ago, however, a new standard of landlord care, the implied warranty of habitability, emerged. This warranty imposes on landlords the duty to insure that the premises they rent are maintained in a habitable condition. Despite its implementation in forty-three American jurisdictions, Utah steadfastly has refused to adopt this innovative legal doctrine. In 1990, however, the Utah Legislature enacted the Utah Fit Premises Act3 ("Act" or "Fit Premises Act"). The Act was a landlord sponsored 4 bill that purported to recognize the implied warranty of habitability.

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