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KLIMKOWSKI v. DE LA TORRE

No. 1 CA-CV 91-212.

175 Ariz. 340 (1993)

857 P.2d 392

Theodore E. KLIMKOWSKI, Plaintiff-Appellant, v. John DE LA TORRE and Olivia De La Torre, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

July 20, 1993.

Attorney(s) appearing for the Case

James W. Hill, Ltd. by James W. Hill, Phoenix, for plaintiff-appellant.

Beer, Toone & Ryan, P.C. by Stephen C. Ryan and Christian K.G. Henrichsen, Phoenix, for defendants-appellees.

OPINION

McGREGOR, Judge.

This case presents the narrow issue whether a landlord may be held liable for damages resulting from a nuisance created by tenants after they come into possession of the leasehold property when the landlord, after notice of the nuisance, continues to rent the property to the tenants on a month-to-month basis. Because we conclude that a landlord may be held liable under these circumstances...

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