Tenant Duties Flashcards
Duty to Pay Rent
Tenants have the duty to pay rent to their landlords. If the Tenant fails to pay rent, but remains on the premises, the landlord may bring suit for rent or may evict the tenant. Here,
Duty to Not Commit Waste
Tenant must maintain the premises, make ordinary repairs, and must not commit waste. Waste is committed when the tenant changes the property that effects the value of the property. There are 3 types of waste - Voluntary, Permissive, and Ameliorative. Here,
Voluntary Waste
Voluntary waste occurs when the tenant intentionally or negligently damages the premises or removes a fixture. Here,
Permissive Waste
Permissive waste occurs when the tenant fails to maintain the property, which results in the harm of the premises. The tenant must take reasonable steps to protect the premises from damage from the elements. Here,
Ameliorative Waste
Ameliorative waste occurs when the tenant has changed the property in such a way that it increases the value of the property. Here,
Fixtures
The law of fixtures walks hand in hand with the law of Waste. A fixture is a movable thing that by virtue of its attachment, objectively shows the intent to improve the property. Fixtures pass with ownership of th eland. Therefore, the Tenant may not remove fixtures from the premises even if he has installed the fixture.
Duty not to use for Illegal Purposes
The tenant may not use the premises for an illegal purpose. If used for an illegal purpose, the landlord may terminate the lease or obtain damages. Here,
Duty not to abandon property
The tenant has a duty not to abandon the property if he is still within the terms of his lease. If the tenant unjustifiably abandons the property, the landlord may either accept the surrender or sue for the promised rent. Here,
(Additional) Commercial Tenant Duties - Breach of Covenant
Covenants in a lease are generally held to be independent of one another. If one party breaches a covenant, the other party can recover damages, but must still perform. Here,
