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White v. Molyneux

    Brief Fact Summary.

    White claimed that since the house he was renting burned down, he was not obligated to pay rent to Molyneux.

    Synopsis of Rule of Law.

    A renter is still required to pay rent if a rental property is damaged.

    Facts.

    Molyneux sued White for unpaid rent. White claimed that since the house he was renting burned down, he was not obligated to pay rent to Molyneux. The lower court granted judgment to Molyneux.

    Issue.

    Whether a renter is still required to pay rent if a rental property is damaged?

    Held.

    Yes. The judgment of the lower court is upheld. The renter maintains the obligation to pay rent to eliminate the possibility of the renter damaging the property to avoid his rental obligations. Wite retains his obligation after the fire and must pay rent to Molyneux.

    Discussion.

    A renter is still required to pay rent if a rental property is damaged. If a lease fails to stipulate that  renter is relieved from his obligation to pay rent in the event of damage to the property or fire, the renter maintains an obligation to pay rent.


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