...] Dicussion of the common-law principles of dependent and independent covenants in commercial and residential leases. [715-719] This court abandoned the common-law rule of independent covenants in commerial leases in favor of the modern rule of mutually dependent covenants...breached implied warranty of suitability because "no valid reason to imply a warranty of habitability in residential leases and not in commercial leases"). See Note, Dependent Covenants and...the rule we adopt in this case. The abandonment of the rule of independent covenants in commercial leases has been foreshadowed at least since our 1973 decision in Boston Hous. Auth. v. Hemingway, supra, in which we abandoned the rule in residential leases. In the interim, the Restatement (Second) of Property (Landlord and Tenant) (1977) adopted the rule of dependent covenants...

...abandoned the common-law rule of independent covenants in commercial leases in favor of the rule of "mutually dependent covenants." While the court did not adopt an implied warranty of fitness or habitability that mirrors common law principles in residential leases...Covenants Massachusetts Courts have historically declined to extend to parties to a commercial lease those protections available to parties to residential leases (warranty of... parties in the commercial setting. The specific rule of mutually dependent covenants is as follows: Except to the extent parties to a lease validly...

.... This is a commercial, non-residential lease entered into in this Commonwealth. Massachusetts law controls. "Covenants in leases are generally dependent, in the absence of any...obligation to pay rent is independent of covenants made by J.A.G. Massachusetts law is clear. The tenant in a non-residential lease has the obligation to pay the rent as specified..., 76 N.E. 203 (1905). The courts in Massachusetts have clearly established that in commercial leases, no breach of covenant except eviction — real or...

...of Indiana: (1) imply the warranties advanced in the Welborns' argument in all residential leases, and (2) treat residential...leases as ordinary contracts with dependent covenants? Our analysis of the issues compels the conclusion that it is unnecessary to decide the underlying...promise to repair was materially breached by Society; and (4) covenants in a lease are dependent as opposed to independent, we are constrained by our standard of review to reject the Welborns' argument that...

...(Tex. 1978) for residential leases, and in Davidow for commercial leases, to be mutually dependent covenants. Issue fifteen states the issue of the duty to pay rent in different words than the...suitability in commercial leases is usually a fact question to be determined from the particular circumstances. Davidow, 747 S.W.2d at...are mutually dependent. Davidow, 747 S.W.2d at 377. The old law which held such covenants to be independent thereby requiring a tenant...

... Judge Andewelt's decision contained an analysis of commercial leases, common law leases, dependent and independent covenants of leases, breach of contract, in both residential and...legislature changed the common law as to independent covenants relating to residential but not commercial leases. The second change was made by the Appellate Court in 1989 in...-78. This is the law in Connecticut. The Plaintiff cites a number of cases which it argues shows a trend in which leases are determined to contain dependent...

...States Claim's Court. Judge Andewelt's decision contained an analysis of commercial leases, common law leases, dependent and independent covenants of leases, breach of contract, in both residential and.... The Plaintiff cites a number of cases which it argues shows a trend in which leases are determined to contain dependent clauses. The plaintiff claims that Connecticut law of anticipatory breach should...Berger noted two changes in Connecticut as to common law leases both already noted in this opinion. The first was the "statutory modifications to the independent covenant rule for residential situations...

.... 239, § 8A, which explicitly limited a tenant's right to bring a counterclaim to premises "rented or leased for dwelling purposes," was clearly applicable only to summary process actions in residential cases, and where this court's decision in Wesson v. Leone Enters., Inc., 437 Mass. 708 (2002), adopting the rule of mutually dependent covenants for commercial leases, did...Mass. 708 (2002), adopting the rule of mutually dependent covenants for commercial leases, does not change the outcome in this case. The tenant did not terminate the lease or withhold rent in..., particularly given the adoption of the rule of mutually dependant covenants in commercial leases. See Wesson v. Leone Enters., Inc., 437 Mass...

...underlying a modern commercial lease and have disregarded the common law rules in favor of treating a lease as a bilateral contract, with mutually dependent covenants. For example, in Pawco, Inc. v. Bergman Knitting Mills, Inc., 283 Pa. Super. 443, 424 A.2d 891 (1980), a Pennsylvania court stated that the actual subject matter of most leases, commercial or residential, is..., property law should be applied to determine the rights and duties of the parties. Under property law, covenants in leases are deemed independent unless expressly made dependent by the terms of the...threshold question presented is whether the commercial lease at issue here constitutes a conveyance of an estate in land or a bilateral contract with mutually dependent covenants...

...Supreme Court held the doctrine of implied warranty applicable to residential leases. A lease, said the Court, "is in the nature of a contract and is to be controlled by principles of contract law." 486 Pa. at 284, 405 A.2d at 903. The Court continued: The covenants and warranties in the lease are mutually dependent; the...Roth v. Golden Slipper Restaurant Catering, Inc., supra, we said: Covenants in leases are mutually...conditions in the housing market, and the unequal bargaining positions of landlords and tenants in residential leases. . . . It is therefore respectfully submitted that it is fair to say that the intention of...

..."residential" purposes on property subject to such restrictive covenants. Id. at 730-31. And under the facts of this case, especially in light of the short-term rental agreements and Tarr's...courts of appeals have held or implied that section 202.003(a)'s liberal-construction rule concerning residential covenants supersedes the common-law rule of strict construction. In contrast, other.... In arguing that the deeds impose a single-family, residential-use restriction, the association has combined two separate covenants. Paragraph one of the Timberwood Park Unit...

...conferred on the Ohio Oil Company the right to take over a part of the leased property on which the producing well was located, subject to the obligations of the covenants of the leases, in consideration...case of the sale of an incorporeal right. Under the law of Louisiana, and generally in common law jurisdictions, the instruments were assignments and not leases. Presumably the local...Baird partnerships. Both partnerships, after 1913, acquired oil and gas leases of unproved Louisiana lands and engaged in drilling operations on them which resulted in discovery of oil on March 30...

...direction. With respect to covenants in commercial leases, we have long held that reasonable anticompetitive covenants are enforceable by and against successors to the original parties...Implications of Restrictive Covenants in Shopping Center Leases, 86 Harv. L. Rev. 1201, 1211-1218 (1973). See Continental T.V., Inc. v. GTE.... Consumer Protection, Agreement not to compete. Review of authorities pertaining to the effect of a covenant not to compete contained in a deed. [90-97] Reasonable covenants...

...was not originally applied to the ascertainment of whether covenants in leases were dependent or independent. However, presently we recognize that covenants are dependent or independent according to the...: "In 24 Cyc. 918, it is said that covenants are to be construed as dependent or independent according to the intention and meaning of the parties and the good sense of the case...sales, seemed logically pertinent to leases of land. There was neither an implied covenant of fitness for the intended use nor responsibility in the landlord to maintain the leased premises...

...bargaining power between landlords and tenants; that the common law principles pursuant to which leases are interpreted as grants of right of possession rather than mutual and dependent covenants.... 424 CONSTITUTIONAL LAW — LEASES — Section 93A-26(a) Of Montgomery County Fair Landlord-Tenant Relations Act, Requiring Leases To Be Executed In Duplicate With A Copy Provided...To Tenant At Time Of Execution, Is In Conflict With Maryland Code, Article 21, § 2-101 And 2-102 And Therefore Invalid — Since Oral Leases Are Recognized And...

...the Protective Covenants as set forth in the Pope & Talbot Covenants for phase [2] and for phases 3–6 and the 1988 and 1992 Covenants described above does not include residential rentals of any...treated the meaning of a residential use provision as a question of law and foreclosed any factual inquiry into the intent embodied in the Pope & Talbot and 1988/1992 Chiwawa River Pines covenants...if short-term vacation rentals conflict with the covenants in place prior to 2011, if the Association validly amended the covenants to prohibit them, and if the trial court erred by striking portions...

...decree of the District Court which, in a suit to determine adverse claims based on conflicting mining leases given by a Quapaw Indian, upheld the plaintiff's lease and cancelled the defendants' leases...much-litigated suit in equity brought to determine adverse claims based on conflicting mining leases given by a Quapaw Indian of land which was part of his allotment. The plaintiffs (appellees here...which the conflicting mining leases were given was part of the allotment made to him in the distribution of the lands of his tribe. His title rested on a patent issued to him in 1896 pursuant to the Act...

...other land. (Clark, op. cit. p. 76. Cf. Professor Bigelow's article on The Contents of Covenants in Leases, 12 Mich. L. Rev. 639; 30 Law Quarterly Review, 319.) That method of approach has the...in the office of the clerk of the county a map of the land. The tract was developed for a strictly residential community, and Neponsit Realty Company conveyed lots in the tract to purchasers...and the heirs, successors and assigns of the party of the second part further covenants that the property conveyed by this deed shall be subject to an annual charge in such an amount as will be fixed by...

... lot six in Mercia Heights, a residential subdivision in Clyde Hill. The subdivision is subject to restrictive covenants recorded by the...' association rejected Plaintiffs' building plans under a consent to construction clause in the subdivision's restrictive covenants. The trial court held that the association's rejection of the plans was...Seattle skyline, and the Olympic Mountains. The covenants, in existence since the 1950's, contain express restrictions on minimum square footage of residences, minimum setback...