ABSTRACT
Leases of residential real estate nowadays include an implied covenant of habitability because leases 'should be interpreted and construed like any other contract' and contracts for the sale of consumer goods now include an implied warranty of fitness for use. The basic rationale for lessor immunity has been that the lease is a conveyance of property which ends the lessor's control over the premises, a prerequisite to the imposition of tort liability. Treating the lease as a conveyance except in case of assignment by the tenant had obvious benefits for the landlord, but at one time treating the lease as a conveyance actually favored the tenant. From contract law comes the duty of a non-breaching party to mitigate damages in case of breach by the other; as applied to leases, the duty of the landlord when faced with an absconding tenant.
