Tenant's Duties

Question 1

what are a tenant’s two main duties?

Answer 1

to repair/not damage premises and to pay rent

Question 2

what must a tenant do to satisfy their duty to repair when the lease is SILENT on the duty?

Answer 2

need only maintain the premises (routine repairs); DON’T need to repair due to ordinary wear and tear (passage of time)

Question 3

when does a tenant commit permissive waste?

Answer 3

when they fail to take reasonable steps to protect the premises from damage from the elements

Question 4

when a tenant commits ameliorative waste, what are they liable for?

Answer 4

liable for the cost of restoration

Question 5

under what narrow exception is a tenant NOT liable for ameliorative waste? (2 rqmts)

Answer 5

when tenant…
1) is a long term tenant, and
2) the change reflects changes in the neighborhood

Question 6

under the majority view, what may a tenant do when they’ve expressly covenanted to maintain the property and the property is destroyed?

Answer 6

tenant may END the lease when the property is destroyed without their fault
**min view = tenant responsible for any loss to property including those attributable to force of nature

Question 7

what are a landlord’s options when T fails to pay rent but is still in possession?

Answer 7

1) evict thru the courts, or
2) continue the relationship and sue for rent due

Question 8

if a landlord chooses to evict, are they still entitled to unpaid rent?

Answer 8

yes, until the tenant vacates

Question 9

can a landlord engage in self help when a tenant doesn’t pay rent but still lives on premises? (ie–changing locks, removing tenant or possessions)

Answer 9

NO! (outlawed and punishable civilly/criminally)

Question 10

what are a landlord’s 3 options when T breaches by wrongfully vacating with time left on term of years lease? (SIR)

Answer 10

(SIR)
1) Surrender (treat abandonment as implicit offer of surrender that landlord accepts – ends lease)
2) Ignore the abandonment (do nothing and hold T responsible for unpaid rent until natural end of lease) – minority view
3) Re-let the premises on breaching T’s behalf and hold breaching T liable for any deficiency

Question 11

under the majority rule, what must a landlord try to do when T wrongfully vacates early?

Answer 11

must at least try to re-let (to mitigate damages)

Question 12

what are the three general rules regarding security deposits?

Answer 12

1) deposit restricted to one month’s rent
2) landlord required to pay interest on deposit
3) damages allowed for L’s improper refusal to return deposit

Question 13

what happens to clauses that seek to avoid the three security deposit rules?

Answer 13

they are VOID