Tenant's duties Flashcards
Tenant’s primary duties
A tenant has two primary duties: to repair and to pay rent.
Tenant’s duty to repair - when lease is silent - obligation to maintain premises
A tenant need only maintain the premises. Thus, it is important to distinguish between routine repair, which a tenant is obliged to make, and repair occasioned by ordinary wear and tear, which a tenant is not obliged to make. If the repair is a consequence of the passing of time, that is ordinary wear and tear and the tenant has no responsibility to repair. 
Tenant’s duty to repair - when lease is silent - tenant must not commit waste
A tenant duty to repair is linked to the doctrine of waste. A tenant cannot damage, meaning commit waste on, the least premises. Remember the three types of waste: voluntary or affirmative waste, permissive waste, and ameliorative waste. 
Waste - voluntary
Results when the tenants overt conduct damages the premises.
Waste - permissive
It occurs when the tenant fails to take reasonable steps to protect the premises from damage from the elements. Remember, the tenant is liable for maintaining the premises, excluding wear and tear. If the duty to maintain the premises is shifted to the landlord by lease or statute, the tenant has a duty to report deficiencies promptly.
Waste - ameliorative
It occurs when the tenant unilaterally alters the leased property, thereby increasing its value. Generally, the tenant is liable for the cost of restoration.
There is a modern exception to this role, however, which permits a tenant to make this type of change if the tenant is a long-term tenant and the change reflects changes in the neighborhood.
Tenant’s duty to repair - when express covenant in lease - generally
When a lease is silent about a tenants repair obligations, the tenant must maintain the premises and reasonably good repair, but isn’t responsible for ordinary wear and tear. When a tenant has expressly coveted in the lease to maintain the property in good condition condition for the duration of the lease, the tenant has additional responsibilities.
Tenant’s duty to repair - when express covenant in lease - destruction of premises
Common law, historically a tenant was responsible for any loss of the property, including loss, attributable to a force of nature. However, today, the majority view is that the tenant may end the lease if the premises is destroyed when it is not the tenants fault. 
Tenant’s duty to repair - when express covenant in lease - residential vs nonresidential
If a residential tenant covenants to repair, the landlord usually remains obligated to repair except for damages caused by the tenant under the non-waivable implied warranty of habitability.
However, a non-residential tenants covenant to repair is enforceable, and a landlord may be awarded damages for breach based on the properties condition when the lease terminates compared to its condition when the least commenced. In the absence of a specific reference to ordinary wear and tear, a covenant to repair usually include such repairs. However, repair covenants, frequently exclude, ordinary wear and tear.
Tenant’s duty to pay rent - breach and still in possession - evict or sue for rent
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 the rent due.
If the landlord moves to evict, which they do under a states, unlawful detainer statute, they are nonetheless entitled to rent that was due up until the tenant vacates.
Tenant’s duty to pay rent - breach and still in possession - must not engage in self-help
It’s important to remember that the landlord must not engage in self-help, such as changing the locks, forcibly, removing the tenant, or removing any of the tenants possessions. Self-help is flatly outlawed and is punishable civil and criminally.
Tenant’s duty to pay rent - breach and not in possession (SIR)
What are the landlords options when a tenant wrongfully vacate with time left on the term of years lease? Can do ONE of these 3:
Surrender: the landlord can choose to treat the tenants abandonment as an implicit offer of surrender, which the landlord accepts, thereby ending the lease. Surrender is when the tenant shows by words or conduct that she wants to give up the lease.
The landlord may ignore the abandonment, meaning do nothing, and hold the tenant responsible for the unpaid rent until the natural end of the lease, just as if the tenant were still there. This option is available only in a minority of states.
The premises on the wrong tenants behalf, and hold the wrong tenant liable for any deficiency.
Remember that under the majority rule, the landlord must try to re-let the property in order to mitigate damages.
Tenant’s duty to pay rent - rent deposits
Most states restrict the amount of security deposits to one month rent, require landlords to pay interest on security deposits, and allow statutory or punitive damages for the landlords improper refusal to return a security deposit. Clauses in leases that attempt to avoid the state laws are avoid. The landlord is permitted to retain a security deposit for damages suffered to the premises.
Condemnation of leaseholds
If the entire leasehold is taken by eminent domain, the tenants liability for rent is extinguished because both the leasehold and reversion have merged in the condemnor and there is no longer a lease hold of state. The Lessie is entitled to compensation. However, if there is a temporary or partial, taking, the tenant is not discharged from the rent obligation, but is entitled to compensation, that is a share of the condemnation award, for the taking.
Tenant’s duty to not use premises for illegal purpose
If the tenant uses the premises for an illegal purpose, the landlord may terminate the lease or obtain damages and injunctive relief.
