Tenant's duties

Question 1

list (2)

What are tenant’s duties

Answer 1

1. to repair
2. to pay rent

Question 2

Repair obligations in T vs LL

Answer 2

T: routine repairs (ie unclog sink from hairs)

LL: repairs from ordinary wear and tear (ie new plaster on walls)

Question 3

SIR

LL options when T breaches but cant be found

Answer 3

1. Surrender - T’s actions/words show T wants to give up premise and LL accepts that thereby terminating lease
2. Ignore - ignore T’s abandonment of premise and hold T responsible for rent until end of lease; minority states
3. Re-let - LL repossess property and tries to re-let, T liable for any deficiency; majority rule

Question 4

duties of T to repair for destruction of premise at CL

Answer 4

T fully liable even for things like earthquakes

Question 5

T’s duty to repair in residential vs non residential contexts

Answer 5

• residential tenant - LL obligated to repair because of IWH
• nonresidential (ie office building) - T’s covenant to repair is enforceable and LL can recover for breach on condition of premise when lease terminates vs when lease was created

Question 6

If there is a taking of the entire leasehold, does the T remain liable for rent?

Answer 6

NO

Question 7

If there is a partial taking of the leasehold, does the T remain liable for rent?

Answer 7

YES but entitled to compensation for the taking