Duties of Landlords and Tenants

Question 1

Can a tenant commit waste?

Answer 1

Yes.

Question 2

Is waste committed where damage occurs to the property without fault by the LL or the tenant?

Answer 2

No. However, the T has to keep paying rent absent language in the contract to the contrary.

Question 3

If a residential tenant covenants to repair, the ______________ is still obligated to repair.

Answer 3

landlord

Question 4

When does illegal conduct by the T justify the termination of the lease by the LL?

Answer 4

When it is continuous.

Question 5

If a lease ends early, is the T liable for the entire period’s rent?

Answer 5

Generally, no. He only pays rent proportional to the time he lived there.

Question 6

LLs are not permitted to keep security deposits beyond what?

Answer 6

The damages actually incurred by the property.

Question 7

Where a tenant is in possession of the property but does not pay rent, what are the LLs remedies?

Answer 7

Evict or sue for rent.

Question 8

If the tenant unjustifiably abandons the property, what must the LL do?

Answer 8

He must attempt to mitigate his damages.

Question 9

If the T abandons the property, is he still liable for rent?

Answer 9

Yes, until the LL accepts the surrender, i.e. takes possession of the property again.

Question 10

If the LL takes possession of the property for the purposes of attempting to relet the property in order to mitigate damages, has the LL accepted the surrender?

Answer 10

No. Taking possession of the abandoned premises for the purposes of attempting to relet the premises in order to mitigate one’s damages is not an acceptance of a surrender. The T is still liable for rent.

Question 11

Duty to Deliver Possession of Premises —

Answer 11

the LL has a duty to deliver physical possession of the property to the T at the beginning of the lease.

Question 12

Implied Covenant of Quiet Enjoyment —

Answer 12

every lease has an implied covenant of quiet enjoyment that neither the LL nor a paramount title holder will disturb the T’s enjoyment of the land.

Question 13

How is the implied covenant of quiet enjoyment breached?

Answer 13

By actual, partial or constructive eviction.

Question 14

Actual Eviction —

Answer 14

the LL, a paramount title holder, or a holdover tenant excludes the tenant from the entire leased premises.

Question 15

Remedy for actual eviction?

Answer 15

Terminates obligation to pay rent.

Question 16

Partial Eviction —

Answer 16

T is physically excluded from part of the property. If by the LL, the T can stop all his rent. If by a third party, the T can apportion his rent.

Question 17

Constructive Eviction

Answer 17

a LL’s breach of duty renders the premises unsuitable for occupancy. The T can terminate the lease and seek damages.

Question 18

Implied Warranty of Habitability —

Answer 18

a covenant implied in residential leases which ensures that the leased property will be fit for human residence. This is not waivable.

Question 19

Remedies for breach of the implied warranty of habitability?

Answer 19

End the lease, makes repairs and offset rent, abate future rent, or remain in possession and sue for damages.

Question 20

Retaliatory Eviction

Answer 20

a LL may not end a lease or otherwise penalize a T for exercising their legal rights.

Question 21

The Civil Rights Act of 1866 prevents what kind of discrimination in housing?

Answer 21

Racial or ethnic discrimination.

Question 22

The Fair Housing Act bars what kind of discrimination?

Answer 22

Ethnicity, religion, national origin, gender, disability, families with children (except in senior living facilities).

Question 23

Under the American Rule, landlords must do what?

Answer 23

place the tenant in legal, but not actual, possession of the property.

Question 24

Under the English Rule, landlords must do what?

Answer 24

place the tenant in both legal and actual possession of the property.