Landlord and Tenant: Tenant's Duties

Question 1

What general issues arise w/ regards to Tenant’s duties?

Answer 1

1. Tenant’s liability to 3rd parties
2. Tenant’s Duty to Repair (Doctrine of Waste)
   - When lease is silent
   - When there is a covenant to repair
3. Tenant’s Duty not to Use Premises for Illegal Purposes
4. Tenant’s Duty to Pay Rent

Question 2

What is tenant’s responsibility/liability to 3rd parties in tort?

Answer 2

1. T = responsible for keeping the premises in GOOD REPAIR
2. T IS responsible for injuries sustained by 3rd parties T invited, even where L promised to make repairs

HOWEVER –> T may be able to seek indemnification from L

Question 3

What is Tenant’s duty to repair when lease is silent?

Answer 3

General Rule –>
1. T must maintain the premises and make “ordinary” repairs, excluding ordinary wear and tear

NOTE –> if duty is shifted to LL, he must promptly notify LL of deficiencies

2. T must NOT commit waste:
   (i) voluntary (overt harmful acts);
   (ii) permissive (neglect);
   (iii) ameliorative (changes that increase value)
   In General –> T is liable for cost of restoration
   Modern Exception –> if T is long term tenant and change reflects changes in neighborhood

Question 4

What happens if there is a destruction of the premises without fault?

Answer 4

In this case, there is NO waste

Traditional View –> if lease was silent, neither party had to repair, but T had to continue to pay rent

Today’s Majority View –> T may end the lease when the premises are destroyed w/o T’s fault. This is true even if there is an EXPLICIT covenant to repair

(Come back to more rules for tenant’s liability where there is cov to repair - p 24)

Question 5

What is the rule w regards to Tenant’s duty not to use premises for illegal purpose?

Answer 5

If T uses property for illegal purpose –> LL may:

1. terminate lease; OR
2. obtain damages; OR
3. injunctive relief

HOWEVER –> occasional unlawful conduct by T is not enough to breach this duty

Question 6

What are the rules w/ regards to Tenant’s duty to pay rent & LL’s rights?

Answer 6

If T REMAINS on premises –>

L’s ONLY options are:

(1) evict via courts; or
(2) continue relationship and sue for rent due

L MAY NOT –> Engage in self-help (ie.. change locks, forcibly removing tenant/possessions). Self help is usually a violation of CIVIL and CRIMINAL law.

If T has LEFT the premises –>

L’s Options:
(1) Surrender - L can choose to treat T’s abandonment as an offer of surrender which L accepts
NOTE –> “Surrender” = T shows by words/actions that she wants to give up the lease
NOTE –> if unexpired term left is greater than one year, surrender must be in writing to satisfy SOF
NOTE –> if surrender IS found –> T isn’t liable for anything else
NOTE –> if surrender is NOT found, T is liable for difference between promised rent and FMV of property (or in cases of reletting, until rent is received from re-letting)

(2) Re-Let the premises, and hold T liable for any deficiency (ie..mitigate damages)
• Majority Rule —> L may not simply ignore charge tenant as if he were still there, he must attempt to re-let in order to mitigate his damages

NOTE –> if LL takes for herself after offer to surrender, this constitutes acceptance of surrender