Tenant's Duties Flashcards
Tenant’s two primary duties
1) repair
2) pay rent
GA Tenant Duties with Trees
In GA, a tenant may not destroy growing trees, remove permeant fixtures, or otherwise injure the property.
The tenant is allowed to use dead or fallen timber for firewood and pasture for her cattle.
Tenant’s Duty to Repair When Lease is Silent
1) Obligation to maintain premises - A tenant must make routine repairs, but need not repair things caused by ordinary wear and tear
2) Must not Commit Waste
Types of Waste
1) Voluntary (affirmative) - Tenant’s overt conduct damages the premises
2) Permissive - occurs when the tenant fails to take reasonable steps to protect the premises from damage from the elements.
3) Ameliorative Waste - occurs when the tenant unilaterally alters the leased property, thereby increasing its value. Generally, the tenant is liable for costs of restoration.
Modern Exception - permits a tenant to make ameliorative waste if the tenant is a long term tenant and the change reflects changes in the neighborhood
Tenant’s Duty to Repair when there is an express covenant
If a residential tenant covenants to repair, the landlord usually remains obligated to repair (except for damages caused by the tenant) under the implied warranty of habitability.
A nonresidential tenant’s covenant to repair is enforceable, and a landlord may be awarded damages for breach based on the property’s condition when the lease terminates compared with is condition when the lease commenced
Destruction of Premises
At common law, a tenant was responsible for any loss to the property, including loss attributable to force of nature.
However, today the majority view is the tenant may end the lease when the premises are destroyed without the tenant’s fault.
GA duty to Pay
In GA, an obligation to pay rent is implied on a showing of the plaintiff’s title and the defendant’s non-adverse occupation
Tenant breaches and is in possession
If a tenant is on the premises and fails to pay rent, the landlord can evict through the courts or continue the relationship and sue for rent due.
However, the landlord must not engage in self help, such as changing locks, forcibly removing the tenant, or removing any of the tenant’s possessions. Self held is punishable criminally and civilly
GA Action to Evict for Nonpayment
in an action by a landlord to evict a tenant for nonpayment or rent, the tenant has 7 days to tender the rent owed. This is a complete defense, but the landlord is required to accept such tender only once in a 12 month period.
Tenant Breaches But Not in Possession
If a tenant wrongfully vacates with time left on the lease, the landlord may (SIR)
S - Surrender - the landlord may choose to treat the tenant’s abandonment as an implicit offer of surrender, which the landlord may accept thereby ending the lease.
I - Ignore - ignore the abandonment and hold the tenant responsible for the unpaid rent until the natural end of the lease. (only available in a minority of states)
R - Relet - the landlord may relet the premises and holder the tenant liable for any deficiencies.
NOTE - under the majority, the landlord must try to relet due to the duty of mitigation
GA Remedies for Abandonment (IMPORTANT)
GA follows the traditional rule - mitigation of damages is not required in lease contracts in GA.
when the premises are abandoned by a tenant the landlord may
1) terminate the lease
2) obtains another tenant and hold the other liable for any deficiency
3) permit the premises to remain vacant while collecting the rent from the original tenant
Rent Deposits
Most states limit the amount of security deposits to one month’s rent, require landlords to pay interest on security deposits, and allow for statutory or punitive damages for a landlord’s improper refusal to return a security deposit.
The landlord is permitted to retain a security deposit for damages actually suffered to the premises.
GA Rent Deposits (IMPORTANT)
The landlord may not keep the security deposit to cover ordinary wear and tear provided there was no negligence or abuse of the premises.
The landlord may keep the deposit for nonpayment of rent or of fees for late payment, abandonment of the premises, nonpayment of utility charges, repair work or cleaning contracted with third parties.
IMPORTANT - A landlord who fails to return part of the deposit that must be returned will be liable to the tenant for 3Xs the sum improperly withheld, plus reasonable attorney’s fees. If the landlord shows that the withholding was not intentional and resulted from a good faith error, they are liable only for the amount wrongfully withheld.
Eminent Domain
If the entire leasehold is taken by eminent domain, the tenant’s liability for rent is extinguished
If partial, the obligation is not terminated, but the tenant is entitled to a share of the reward for the taking.
