Landlord -- Tenant

Question 1

Landlord Duties

Answer 1

a. Warranty of Habitability: make it livable – any violation of the Health & Safety Code is a breach of this warranty

b. Landlord has duty to deliver actual property

Question 1

Types of Tenancies

Answer 1

years, month to month, at will, sufferance

Question 2

Tenant Duties

Answer 2

a. Duty to pay rent – always unless LL breaches warranty of habitability

b. Duty of No Waste – cannot damage property, which includes allowing damage to occur or actually damaging)
- Have a duty to mitigate damages and notify LL

c. Sublease – Original tenant remains primarily liable
- Portion of lease term (ex: 2 out of 12 months)
- No “privity” with sublessee

d. Assignment – New tenant becomes primarily liable
- Tenant gives away rest & remainder of lease
- Can go after original tenant if there’s a breach, unless a novation was executed
- In privity with new tenant

Question 3

Fixtures

Answer 3

chattel (property) that by removing them, you would damage property
a. Default fixtures: things in inherent structure
b. Becomes so connected to the property, that removing it would cause damage

NEVER INFER DAMAGE TO PROPERTY