Landlord and tenant

Question 1

What are the tenant’s duties

Answer 1

1. duty to pay rent- runs with the land
2. not commit waste (ameliorative, permissive, and voluntary)

L/lord may require a security deposit.

Question 2

Failure to pay rent what can happen

Answer 2

1. evict you ( tenant)
2. allow you to remain and sue for damages
3. if abandon the property the L/Lord may take reasonable steps to mitigate losses.

Question 3

what is the implied warranty of habitability

Answer 3

L/Lord must keep the residential property in a habitable condition ( not appliable to commercial save for residential property attached)

( must be reasonably suitable for human needs and implied in every residential lease)

Question 4

what is constructive eviction

Answer 4

A landlord may do this if there is something that renders the premises unusable.

1. L/Lord breached a duty to Tenant
2. The breach caused loss of the substantial use/enjoyment of the premises
3. L/Lord failed to remedy the condition within a reasonable time and the Tenant left.

(L/L fails to act after notice and the tenant leaves ( must leave to rely on this and seek damages)

Question 5

Landlord duties

Answer 5

duty to:

1. repair common areas
2. warn of latent defects that create a risk of serious harm that l/lord knows /should have known.
3. commercial - no duty
4. deliver actual possn

Question 6

landlord duties to mitigate damages

Answer 6

under common law - no duty to mitigate
most states impose a duty to take reasonable steps to mitigate losses.

mitigation doesn’t need to be successful to recover damages

Question 7

Assignment of a lease

Answer 7

tenant assigns his entire interest he is liable under privity of contract
the assignee is liable under privity of estate.

assignment cant be longer than the remaining lease

Question 8

The assignee and assignor’s liability to the landlord for rent

Answer 8

The assignee is liable to the landlord for rent and all covenants that run with the land. ( privity of estate)

Assignor:- (original tenant remains liable for rent as privity of contract

Question 9

Subleases

Answer 9

when a tenant transfers some of the remaining lease interest.

the tenant may freely sublease and it cant be longer than the lease term.

sublessee isn’t liable to the landlord for rent or other covenant. The original tenant remains liable.

Question 10

surrender of a lease and duty to pay.

Answer 10

1. L/lord must clearly accept the surrender of the lease
2. attempting to leave the lease early by leaving the key isn’t surrendering.

If the landlord accepts the surrender tenant no longer has the duty to pay rent.

if the landlord doesn’t accept tenant has abandoned and is liable for damages

Question 11

Type of leasehold interest

Answer 11

lease = present possessory interest in real property.

Term for yrs = tenancy for a fixed period
Periodic tenancy =tenancy without an end date
Tenancy at will tenancy that either party can terminate at will or without notice.,
tenancy at sufferance : - tenant stays past the end date of his lease.