Tenant's Duties

Question 1

What are tenants 2 duties?

Answer 1

To repair and pay rent

Question 2

Absent explicit provisions in the lease, what is the tenant’s duty to repair and what does it cover?

Answer 2

Tenant has a duty to maintain the premises. This only covers routine repairs and NOT repairs caused by ordinary wear and tear. Tenant must also not commit waste - voluntary, permissive, or ameliorative (unless its long term tenant + changes reflect changes in neighborhood).

Question 3

What is the legal effect if a tenant covenants to repair in the lease?

Answer 3

If the tenant is residential, then the landlord is still obligated to repair (except for damages caused by tenant) - under the implied warranty of habitability.

If the tenant is nonresidential, then a covenant stating the tenant will repair will be enforced. Landlord can get $ for difference in value upon termination of lease.

Question 4

If a tenant fails to pay rent, what may the landlord do?

Answer 4

This is a breach of the lease, so landlord may either evict or continue the relationship and sue for rent due (not both).

Note: landlord must NOT engage in self-help, i.e. changing locks, forcibly moving tenant/possessions, etc - this is against the law.

Question 5

What may a landlord do if a tenant wrongfully vacates the premises before the lease has terminated?

Answer 5

Either:

a. Surrender - treat as abandonment of lease and accept, thereby ending lease
b. Ignore - do nothing and hold them responsible for unpaid rent on remainder
c. Re-let - let the premises on tenant’s behalf and hold them liable for losses

Question 6

What are restrictions on security deposits?

Answer 6

Can not be more than one months rent, must pay interest on them, and tenants may get punitives if landlord refuses to return it. Clauses in leases negating these protections are invalid.