Tenant's Duties

Question 1

A T’s liability to 3rd parties is governed by which law? Contract or tort?

Answer 1

Tort.

Question 2

In tort, T is responsible for keeping the premises in . . .

Answer 2

Good repair.

Question 3

True or false. T is liable in tort for injuries sustained by 3rd parties he invited.

Answer 3

True

Question 4

True or False. T is liable in tort for injuries sustained by 3rd parties, even where L promised to make repairs that were the but for cause of the 3rd party’s injuries.

Answer 4

True

Question 5

L leases a building to T, expressly promising to maintain the premises in good repair. T’s invitee trips over a loose floorboard and is injured. If invitee sues T, what result?

Answer 5

T loses

Question 6

Can T seek indemnification from L for for injuries sustained by 3rd parties, where L promised to make repairs that were the but for cause of the 3rd party’s injuries.

Answer 6

Yes

Question 7

When the lease is silent, what is T’s duty regarding repairs?

Answer 7

T must maintain the premises and make routine repairs, other than those due to ordinary wear and tear.

Question 8

Is T permitted to commit waste?

Answer 8

No. Dumb question.

Question 9

What sort of waste occurs when a tenant removes a fixture?

Answer 9

Voluntary Waste

Question 10

What is a fixture?

Answer 10

A once movable chattel that, by virtue of its annexation to realty, OBJECTIVELY shows the intent to permanently improve the realty.

Question 11

Is T permitted to remove a fixture she installed?

Answer 11

No

Question 12

True or False. Fixtures fail to pass with the land.

Answer 12

False

Question 13

How do you remember that fixtures pass with the land?

Answer 13

Janet Jackson’s chandelier.

I’m sorry Ms. Jackson, I am for real. I’m keeping the chandelier you installed.

Question 14

In the absence of an agreement, T may remove a chattel that she has installed SO LONG AS . . .

Answer 14

Removal won’t cause substantial harm to the premises.

Question 15

If removal of a chattel installed by T will cause substantial harm to the premises, then IN OBJECTIVE JUDGMENT, T has shown . . .

Answer 15

The intent to install a fixture.

Question 16

When T has expressly promised in the lease to maintain the property in good condition or the duration of the lease, how does T’s liability differ at CL and in modern times with respect to losses not the fault of T?

Answer 16

At CL, T was liable for ANY loss to the property.

Today, T is off the hook. T may end the lease if the premises are destroyed w/o T’s fault.

Question 17

If T breaches his duty to pay rent and is still in possession of the premises, what are the L’s only two options?

Answer 17

Evict through the courts; OR

Continue the relationship and sue for rent.

Question 18

If the L moves to evict a T for failure to pay rent, for what period is T entitled to collect rent?

Answer 18

Until the tenant vacates.

Question 19

If the T is being a pain-in-the-ass and is still in possession, what must L never do? Why?

Answer 19

Self-help. Punishable civilly and criminally.

Question 20

If T breach the duty to pay rent but is out of possession, what are L’s three options? Remember the pneumonic.

Answer 20

SIR (Excuse me, sir . . .)

Surrender

Ignore the abandonment

Relet the premises

Question 21

If T breach the duty to pay rent but is out of possession and L elects to pursue surrender, what must be true? What is the unexpired term in greater than one year?

Answer 21

T must have shown by words or conduct that she wants to give up the lease.

If greater than one year, the surrender must be in writing (Statute of Frauds). L should send a letter to T’s last known address.

Question 22

If T breach the duty to pay rent but is out of possession and the L elects to ignore the abandonment, what does L do?

Answer 22

Hold T responsible for the unpaid rents.

*Note: only available in a minority of states

Question 23

If T breach the duty to pay rent but is out of possession and L decides to relet the premises, to what extent can the L hold T liable?

Answer 23

To the extent of any deficiency in rent.

Question 24

If T breach the duty to pay rent but is out of possession, what must T try to do if he does not pursue surrender or ignore the abandonment?

Answer 24

Must at least TRY to re-let.