8: Tenant's Breach, Landlord's Remedies

Question 1

Tenant’s Obligations: 2

Answer 1

1. pay rent
2. must not commit waste

Question 2

When a tenant has breached the duty to pay rent and is still in possession of the premises, LL has 2 options:

Answer 2

1. eviction (through judicial process)
2. continue LL-tenant relationship and sue for rent owed

Question 3

When a tenant has breached the duty to pay rent and is NOT in possession of the premises (T wrongfully vacated with time left on lease): 3 options

Answer 3

1. treat the vacancy as a surrender
2. Do nothing: ignore the abandonment and hold the tenant liable for each month of unpaid rent
3. re-let the premises and hold the vacating tenant liable for any deficiency

Question 4

Must not commit waste: Tenant has the duty to ______ the premises and make _______ repairs.

Answer 4

maintain/minor

Question 5

Must not commit waste: Tenant must take reasonable ______ to protect the premises from the elements, as part of the duty to not commit ______ ______

Answer 5

precautions/permissive waste

Question 6

Must not commit waste: if a tenant negligently or intentionally causes damage on lease property, the tenant is responsible for _______ (cannot commit _______ _______)

Answer 6

repairs/affirmative waste

Question 7

Doctrine of Surrender, Traditional rule: Treated a LL who re-entered the premises w/o properly preserving his rights as having ______ the tenant’s offer to surrender the premises and _______ his right to any additional damages (due to pE being ______ upon ______).

Answer 7

Treated a LL who re-entered the premises w/o properly preserving his rights as having ACCEPTED the tenant’s offer to surrender the premises and WAIVED his right to any additional damages (due to pE being DESTROYED upon RE-ENTRY).

Question 8

Doctrine of Surrender, Modern rule: LL has to take action to try to ______ or ______ the premises.

Answer 8

re-let/re-rent

Question 9

Doctrine of Surrender, Traditional rule: Does LL have a duty to mitigate?

Answer 9

No

Question 10

Doctrine of Surrender, Modern rule: Does LL have duty to mitigate?

Answer 10

Yes- he doesn’t have to be successful in re-letting, but he must try

Question 11

Policy reasons in favor to mitigate in the Doctrine of Surrender: _______ use of property

Answer 11

productive

Question 12

Policy reasons in favor to mitigate in the Doctrine of Surrender: breaching party should only pay those damages sufficient to make the non breacher (LL) ______

Answer 12

whole

Question 13

Policy reasons in favor to mitigate in the Doctrine of Surrender: ______ with mitigation requirement in other areas of the law

Answer 13

consistent

Question 14

Policy reasons in favor to mitigate in the Doctrine of Surrender: LL has a duty to take ________ reasonable steps to mitigate

Answer 14

commercially

Question 15

DOS Modern: If trial occurs _____ the end of the lease term, the LL has to prove he took reasonable steps to ______

Answer 15

after/mitigate

Question 16

DOS Modern: If the trial occurs _____ end of the lease term, court will retain jurisdiction to award further _______ as they become due; LL has to show that they took commercially _______ steps to mitigate

Answer 16

before/damages/reasonable

Question 17

DOS Modern: Mitigation steps should be _______

Answer 17

active

Question 18

DOS Modern: commercial reasonableness

Answer 18

look to relevant market and nature of property

Question 19

DOS Modern: costs incurred by the LL to _____ can be included in damages

Answer 19

re-let

Question 20

DOS Florida Approach: LL _______ have a duty to mitigate, but if LL re-enters premises to reclaim, LL _____ _____ to mitigate

Answer 20

doesn’t/must begin

LL doesn’t have a duty to mitigate, but if LL re-enters premises to reclaim, LL must begin to mitigate