tenant's duties

Question 1

Tenant’s primary duties

Answer 1

to repair

to pay rent

Question 2

what is the tenant’s duty to repair when the lease is silent

Answer 2

(1) obligation to maintain the premises

(2) tenant must not commit waste

Question 3

what is the tenant’s duty to repair when there is an express covenant in the lease to maintain the property in good condition?

residential vs. nonresidential leases

what about if premises are destroyed?

Answer 3

RESIDENTIAL LEASES:

LL usually remains obligated to repair, except for damages caused by T, under the nonwaivable implied warranty of habitability

NONRESIDENTIAL LEASES

a covenant to repair usually includes ordinary wear and tear repairs (unless there is a specific reference excluding it … but most repair covenants exclude wear and tear)

LL may sue [and get damages] for breach based on the property’s condition when the lease terminates compared with its condition when the lease commenced

DESTRUCTION OF THE PREMISES:

Tenant may end the lease when it is not the tenant’s fault

[note at common law, T was responsible for everything]

Question 4

restrictions on amount of security deposit and what LL can do with it?

Answer 4

most states restrict security deposits to one month’s rent, require LL to pay interest on SD, and allow statutory or punitive damages for a LL’s improper refusal to return an SD

clauses in leases that attempt to avoid these laws are void

LL is permitted to keep[ it for damages actually suffered to the premises

Question 5

what can LL do when T fails to pay rent?

Specifically, if:

(1) Tenant breaches and is in possession of the premises

and

(2) Tenant breaches but is out of possession of the premises

Answer 5

T BREACHES AND IS IN POSSESSION …. L may:

(1) evict
[LL still entitled to rent if they evict … unlawful detainer]

or

(2) sue for rent

but

(3) MAY NOT ENGAGE IN SELF HELP
- no changing the locks, no removal, or removing tenant’s possessions [civil or criminal punishment for self help]

(2) T BREACHES AND IS OUT OF POSSESSION … L may: [SIR]

(1) surrender - treat T’s abandonment as an implicit offer of surrender [of giving up the lease] , which LL accepts, and ends the lease

or

(2) Ignore abandonment and hold T liable for unpaid rent until end of the lease, as if T were still there [available in MINORITY of states]

(3) maj. rule = LL must at least try to relet the premises [and hold T liable for deficiency] [mitigation rule]

Question 6

what happens when the leasehold is condemned due to eminent domain?

what is lessee entitled to?

what if it is just a temporary or partial taking?

Answer 6

If the ENTIRE leasehold is taken by eminent domain, the tenant’s liability for rent is extinguished because both the leasehold and reversion have merged in the condemnor and there is no longer a leasehold estate.

Lessee entitled to compensation

if taking is partial or temporary:
- T is not discharged from rent, but is still entitled to compensation for the taking

Question 7

what is the tenant’s duty to not use premises for illegal purpose?

Answer 7

If the tenant uses the premises for an illegal purpose, the landlord may terminate the lease or obtain damages and injunctive relief