Tenant's Duties

Question 1

What are a tenant’s two primary duties?

Answer 1

(1) to repair

(2) to pay rent

Question 2

What are the components of a tenant’s duty to repair if the lease is silent regarding repairs?

Answer 2

(1) Obligation to maintain premises (i.e., the tenant must make routine repairs, not “wear and tear” repairs)
(3) Obligation not to commit waste

Question 3

What are the components of a tenant’s duty to repair if the covenant to repair is expressly provided in the lease? (residential vs. nonresidential)

Answer 3

(1) If a residential tenant covenants to repair, the landlord remains obligated to repair (except for damages caused by the tenant) under the nonwaivable implied warranty of habitability.
(2) If a nonresidential tenant covenants to repair, a landlord may be awarded damages for breach based on the difference between the property’s condition at termination and its condition at commencement of the lease. This includes ordinary wear and tear repairs unless the lease specifically excludes them.

Question 4

True or false: A tenant may terminate a lease if the premises are destroyed without the tenant’s fault.

Answer 4

True (in most jurisdictions)

Question 5

What may a landlord do if a tenant fails to pay rent but retains possession of the premises?

Answer 5

The landlord may either evict through the courts or continue the relationship and sue for rent that is due.

If the landlord moves to evict under an unlawful detainer statute, the landlord is entitled to any rent for the time the tenant wrongfully possessed the premises.

The landlord MAY NOT engage in self-help (e.g., changing the locks, forcibly removing the tenant, or removing the tenant’s possessions). Self-help is flatly outlawed and punishable both civilly and criminally.

Question 6

What may a landlord do if a tenant breaches but does not retain possession of the premises?

Answer 6

(1) Surrender: the landlord can treat the tenant’s abandonment as an implicit offer of surrender, which the landlord accepts, thereby terminating the lease
(2) Ignore the abandonment: do nothing, and hold the tenant responsible for the unpaid rent until the natural end of the lease, just as if the tenant were still there. (NOTE: AVAILABLE ONLY IN A MINORITY OF STATES)
(3) Re-let the premises on the wrongdoer-tenant’s behalf: hold the wrongdoer-tenant liable for any deficiency

Under the majority view, the landlord must at least try to re-let as a mitigation of damages.

Question 7

What are the general rules regarding rent deposits?

Answer 7

(1) Most states restrict the amount of security deposits to one month’s rent
(2) Most states require landlords to pay interest on security deposits
(3) Most states allow statutory or punitive damages for a landlord’s improper refusal to return a security deposit

Clauses that attempt to avoid these state laws are void. The landlord is permitted to retain a security deposit, in whole or in part, for damages actually suffered to the premises

Question 8

If the entire leasehold is taken by eminent domain, the tenant’s liability for rent is _______ because _______.

Answer 8

(1) extinguished

(2) both the leasehold and reversion have merged in the condemnor and there is no longer a leasehold estate

Question 9

If the taking under eminent domain is only temporary or partial, the tenant is _______ from the rent obligated, but is entitled to _______ for the taking.

Answer 9

(1) not discharged

2) compensation (i.e., a share of the condemnation award

Question 10

If the tenant uses the premises for an illegal purpose, the landlord may:

Answer 10

(1) terminate the lease, or

(2) obtain damages and injunctive relief