Does the independent covenant rule apply to repair buildings?

20 The traditional 'independent covenant' rule only applied to covenants, such as the covenant to repair buildings, which were 'collateral' to the landlord's obligation to provide the land to the tenant; because of the importance of land in early leases, the common law generally recognized that the tenant's obligation to pay rent was mutually dependent upon the landlord's fulfillment of his covenant to furnish the land. Thus, if the landlord deeded away even a small portion of the leased land, the common law considered this a 'partial actual eviction' and relieved the tenant of his rental obligation. (See Giraud v. Milovich (1938) 29 Cal.App.2d 543, 547--549, 85 P.2d 182.)