Tenant's Duties Flashcards
Tenant’s Duties
A tenant has two primary duties:
(1) repair
(2) rent.
Tenant’s Duty to Repair When Lease Is Silent
Obligation to Maintain Premises
- A tenant need only maintain the premises.
- Distinguish between routine repairs (tenant is obliged to make) & repair for wear & tear (tenant is not obliged to make).
Tenant’s Duty to Repair: Tenant Must Not Commit Waste
Tenant Must Not Commit Waste
- A tenant’s duty to repair is linked to the doctrine of waste.
- A tenant cannot damage leased premises.
- There are 3 types of waste:
(1) Voluntary (affirmative) waste:
- Tenant’s overt conduct damages the premises.
(2) Permissive waste:
- It occurs when tenant fails to take reasonable steps to protect premises from damage from the elements.
- If the duty to maintain the premises is shifted to LL (by lease/statute), tenant has a duty to report deficiencies promptly.
(3) Ameliorative waste:
- It occurs when tenant alters the leased property, increasing its value.
- Generally, tenant is liable for cost of restoration.
- There is a modern exception, which permits a tenant to make this type of change if tenant is a long-term tenant and the change reflects changes in the neighborhood.
Tenant’s Duty to Repair When Express Covenant in Lease
- When a lease is silent about a tenant’s repair obligations, tenant must maintain premises in reasonably good repair but isn’t responsible for ordinary wear & tear.
Tenant’s Duty to Repair When Express Covenant in Lease: Destruction of Premises
- At CL, tenant was responsible for ANY loss to the property,
- Majority view is:
Residential vs. Nonresidential Contexts - If a residential tenant covenants to repair, LL usually remains obligated to repair (except for damages caused by tenant) - nonwaivable “IWH”
- A nonresidential tenant’s covenant to repair is enforceable, and LL may be awarded damages for breach based on property’s condition when lease terminates compared w/ condition when lease commenced.
- In absence of a specific reference to ordinary wear & tear, a covenant to repair usually includes such repairs.
- Repair covenants frequently exclude ordinary wear & tear.
TENANT’S DUTY TO PAY RENT
Evict or Sue for Rent
- If tenant is on the premises & fails to pay rent, LL can evict through the cts/continue relationship & sue for rent due.
Landlord Must Not Engage in Self-Help
- LL must not engage in self-help (ex. changing locks, forcibly removing tenant, or removing tenant’s possessions).
- Self-help is flatly outlawed & is punishable civilly & criminally.
Tenant Breaches but Is Out of Possession
- Suppose that tenant wrongfully vacates w/ time left on a term of years lease. What are LL’s options?
- Remember S I R
(1) Surrender: LL could choose to treat tenant’s abandonment as an implicit offer of surrender, which LL accepts, ending the lease.
(2) Ignore abandonment (do nothing) & hold tenant responsible for unpaid rent until end of the lease - This option is available only in a minority of states.
(3) Re-let premises on wrongdoer-tenant’s behalf, & hold wrongdoer-tenant liable for any deficiency. - Under majority rule, LL must at least try to re-let.
Rent Deposits
- Most states restrict amount of security deposits to one month’s rent, require LLs to pay interest on security deposits, & allow statutory/punitive damages for LL’s improper refusal to return a security deposit.
- Clauses in leases that attempt to avoid these laws are void.
- LL is permitted to retain a security deposit for damages actually suffered to the premises.
CONDEMNATION OF LEASEHOLDS
- If entire leasehold is taken by eminent domain, tenant’s liability for rent is extinguished
- Lessee is entitled to compensation.
- However, if the taking is temporary/partial, tenant is not discharged from rent obligation, but is entitled to compensation (a share of condemnation award) for the taking.
TENANT’S DUTY TO NOT USE PREMISES
FOR ILLEGAL PURPOSE
- If tenant uses premises for an illegal purpose, LL may terminate lease/obtain damages & injunctive relief.
