Leases

Question 1

Constructive Eviction

Answer 1

BC SING

• Becca Cloutier*
  1. Landlord BREACHED a duty to the tenant
  2. Landlord was the CAUSE
  3. it was a SUBSTANTIAL INTERFERENCE with the tenant’s use and enjoyment of the premises
  4. Tenant gave NOTICE to the landlord, landlord failed to remedy within a R time
  5. Tenant GO away - tenant vacated within a R time

Question 2

When does landlord have a duty to repair

Answer 2

Residential leases → L has duty to repair common areas + warn non-obvious defects know/should know

Commercial leases → L has no duty to repair

Question 3

L duty to mitigate damages

Answer 3

CL → no duty to mitigate

Majority → L should take R steps to mitigate losses; damages that could’ve been avoided will not be awarded

Question 4

Covenant of quiet enjoyment

(define–lease context)

Answer 4

L promises that neither L nor a person w/ paramount title

will disturb T in her enjoyment and possession of the premises

Can be breached thru:

1. constructive eviction (if L acts/fails to provide some service L has a duty to provide, thereby making the property uninhabitable)

Question 5

T wrongfully terminates lease, what are L’s options

Answer 5

(A) do nothing

(B) L repossesses and/or relets premises

If L does (B) → T’s liability will depend on whether L accepted T’s surrender of premises

If no surrender → T liable for fair rental value - promised rent

If surrender → T free from rent liability accruing after abandonment

Question 6

When does L accept a wrongful abandonment by T?

Answer 6

When L accepts T’s surrender

1. L repossesses and/or releases premises
2. if unexpired term > 1 year, T abandoned in writing + returns keys

Result - T NL for rent liability accruing after his surrender

*receiving back keys and L trying to relet the premises does NOT by itself constitute an acceptance of the offered surrender

Question 7

You leave Katy in August, but lease doesn’t end until October.

Are you L for rent?

Answer 7

Yes, if Katy doesn’t accept your abandonment

If your abandonment comes with > 1 year remaining on the lease → must be in writing + must turn over keys

you’d be L for [FRV fair rental value] - [promised rent]

Katy generally will have a duty to mitigate (majority)