Tenant's Duties

Question 1

Tenant’s Duty to Repair - When Lease is Silent

Answer 1

Maintain premises
Make routine repairs
not ordinary wear and tear repairs
Don’t commit waste

Question 2

Waste

Answer 2

Voluntary (affirmative) waste - when the T’s overt conduct damages the premises

Permissive waste - T fails to take reasonable steps to protect the premises from damage from the elements (neglect).

Ameliorative waste - when the T unilaterally alters the leased property, thereby increasing its value.

Question 3

Tenant’s Duty to Repair when Express Covenant in Lease

Answer 3

Maintain in good repair/condition

T may terminate if premises destroyed without T’s fault.

Question 4

Tenant’s Duty to Pay Rent
Tenant Breaches and is in Possession of Premises

Answer 4

Evict or Sue - LL can evict through the courts or continue the relationship and sue for rent due - NO SELF HELP.

Question 5

Tenant’s Duty to Pay Rent
Tenant Breaches but is Out of Possession

Answer 5

L’s options are SIR:

Surrender - end lease
Ignore - do nothing (hold T liable for rent)
Relet - new lease (Hold T liable for deficiency)

Question 6

Rent Deposits

Answer 6

Most states restrict the amount of security deposits to one month’s rent.

Clauses in leases that attempt to avoid these state laws are void.

The LL is permitted to retain a security deposit for damages actually suffered to the premises.