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Professor Melissa T. Lonegrass Louisiana State University Paul M. Hebert Law Center

A Second Chance for Innovation— European Inspiration for the Revised Uniform Residential Landlord and Tenant Act. Professor Melissa T. Lonegrass Louisiana State University Paul M. Hebert Law Center. A Foundation for Comparative Study. Why Comparative Law Comparative study is lacking: Why?

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Professor Melissa T. Lonegrass Louisiana State University Paul M. Hebert Law Center

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  1. A Second Chance for Innovation—European Inspiration for the Revised Uniform Residential Landlord and Tenant Act Professor Melissa T. Lonegrass Louisiana State University Paul M. Hebert Law Center

  2. A Foundation for Comparative Study • Why Comparative Law • Comparative study is lacking: Why? • A call for comparative analysis • France • A pro-tenant, protectionist regime • England/Wales • A pro-landlord, consensual regime • EuropeanLaw • European Convention on Human Rights • EU Directive on Unfair Contract Terms

  3. The Warranty of Habitability • Scope • France: Extensive protections for the tenant • England: Little to no implied obligation to repair • Personal Injury and Property Damages • France: Recovery in contract and in tort • England: Tort damages only • Waiver and Modification • France: Protectionist • England: Consensual

  4. Termination and Eviction • In General • France: Significant security of tenure • England: Termination at will • Specific Implications • Domestic Violence Concerns • Retaliatory Eviction

  5. Assignment and Subletting • The Tenant’s Right to Assign and Sublease • Default rules restrict the right to alienate • The landlord’s right to consent • Consequences of Assignment and Subletting • Release of tenant following assignment • Privity of landlord and sublessee

  6. Foreign Innovations • The Tenant’s Right to Buy • France: The right of first refusal • England: The right of enfranchisement • Alternative Dispute Resolution • Voluntary and mandatory conciliation

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