Kennedy v. Kidd
Oklahoma Court of Appeals
557 P.2d 467 (1976)
Relevant factsFree
Dafford Kennedy leased an apartment from Neona Kidd (plaintiff); he suffered a fatal heart attack in the apartment, and his body went undiscovered for some time, causing odor and decomposition damage requiring full renovation. Kidd billed Kennedy's estate (defendant) for the renovation costs and lost rent during the repair period; when the claim was disallowed, Kidd sued. The estate demurred, the trial court overruled the demurrer, and the estate appealed.
IssueFree
Whether a landlord may hold a tenant liable for damages under an implied covenant not to commit waste only if the tenant is chargeable with some culpable conduct that resulted in the waste or damage.