Tenant's Duties Flashcards
A T’s liability to 3rd parties is governed by which law? Contract or tort?
Tort.
In tort, T is responsible for keeping the premises in . . .
Good repair.
True or false. T is liable in tort for injuries sustained by 3rd parties he invited.
True
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.
True
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?
T loses
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.
Yes
When the lease is silent, what is T’s duty regarding repairs?
T must maintain the premises and make routine repairs, other than those due to ordinary wear and tear.
Is T permitted to commit waste?
No. Dumb question.
What sort of waste occurs when a tenant removes a fixture?
Voluntary Waste
What is a fixture?
A once movable chattel that, by virtue of its annexation to realty, OBJECTIVELY shows the intent to permanently improve the realty.
Is T permitted to remove a fixture she installed?
No
True or False. Fixtures fail to pass with the land.
False
How do you remember that fixtures pass with the land?
Janet Jackson’s chandelier.
I’m sorry Ms. Jackson, I am for real. I’m keeping the chandelier you installed.
In the absence of an agreement, T may remove a chattel that she has installed SO LONG AS . . .
Removal won’t cause substantial harm to the premises.
If removal of a chattel installed by T will cause substantial harm to the premises, then IN OBJECTIVE JUDGMENT, T has shown . . .
The intent to install a fixture.
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?
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.
If T breaches his duty to pay rent and is still in possession of the premises, what are the L’s only two options?
Evict through the courts; OR
Continue the relationship and sue for rent.
If the L moves to evict a T for failure to pay rent, for what period is T entitled to collect rent?
Until the tenant vacates.
If the T is being a pain-in-the-ass and is still in possession, what must L never do? Why?
Self-help. Punishable civilly and criminally.
If T breach the duty to pay rent but is out of possession, what are L’s three options? Remember the pneumonic.
SIR (Excuse me, sir . . .)
Surrender
Ignore the abandonment
Relet the premises
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?
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.
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?
Hold T responsible for the unpaid rents.
*Note: only available in a minority of states
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?
To the extent of any deficiency in rent.
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?
Must at least TRY to re-let.
