Tenant's Duties

Question 1

Tenant’s two primary duties

Answer 1

1. Duty to repair
2. Duty to pay rent

Question 2

Scope of T’s duty to repair

Answer 2

1. Tenant is responsible for keeping the premises in reasonably good repair.
   
   • Maintenance is the relevant benchmark. T must do no more than, and no less than, maintain the premises in reasonably good repair.
2. ​Tenant must not commit waste.
   
   • Same 3 types as discussed before
3. Law of fixtures- tenant must not remove a fixture, no mattter who installed it. Fixtures pass with ownership of the land

Question 3

Definition of fixture

Answer 3

A once moveable chattel that, by virtue of its attachment to realty, objectively shows the intent to permanently improve the realty.

Common examples include heating systems, custom storm windows and a furnace.

Question 4

How to tell if a specific installation qualifies as a fixture

Answer 4

Two ways to tell:

1. The parties’ express agreement controls. Any agreement between L and T on point is binding.
2. In the absence of agreement, T may remove an item that she has installed so long as removal does not cause substanital damages to the premises. If it will, then it’s a fixture and it must stay put.
   
   • This is an objective test. It does not matter if T fully intended to remove the item and take them with ther. If removal causes substantial damage, it stays.

Question 5

T’s Duty to Repair When T Has Expressly Covenanted in Lease to Maintain Property in Good Condition for Duration of the Lease

Answer 5

• Common law: T was responsible for any loss to the property, including loss attributable to force of nature.
• Today: T may end lease if the premises are destroyed without T’s fault

Question 6

L’s options if T fails to pay rent and is still in possession of the premises

Answer 6

1. L can move to evict through appropriate judicial proceeding. Still entitled to rent until tenant vacates.
2. L can choose to continue the relationship with T and sue for the rent owed.

Question 7

VA SoL for eviction

Answer 7

Unlawful entry or detainer action must be brought within 3 years from the unlawful entry or detainer.

Question 8

Landlord’s ability to engage in self-help when tenant in possession has failed to pay rent

Answer 8

• Self-help is completely outlawed
• Punishable by civil and criminal penalties
• Examples of self-help:
  
  • changing the locks
  • forcibly removing T
  • removing any of T’s possessions

Question 9

L’s options when T fails to pay rent, but is out of possession of the premises.

(T has wrongfully vacated with time left on a term of years lease)

Answer 9

3 options:

(SIR)

1. Surrender
2. Ignore
3. Re-Let

Question 10

Surrender

Answer 10

• L can choose to treat T’s vacating as an implicit offer of surrender, which L accepts.
  
  • Surrender definition: Tenant has demonstrated, by words or conduct, that he wishes to give up the lease.
• If L chooses to accept surrender, the lease is dissolved amicably.
• If unexpired lease term is more than 1 year, acceptance must be in writing to satisfy the SoF.

Question 11

Ignore

Answer 11

• L can ignore the abandonment and hold tenant responsible for any unpaid rent.
• This option is only available in a minority of states. In most states, L must attempt to mitigate.

Question 12

Re-Let

Answer 12

Re-let the premises on the wrongdoer-tenant’s be-half, and hold the wrongdoer-tenant liable for any deficiency.

Majority: L must at least try to re-let in order to mitigate damages.

Question 13

VA law on rent deposits

Answer 13

• A landlord may not require a security deposit in excess of two months’ periodic rent.
• L has 45 days after termination of the tenancy and delivery of possession to return thw security deposit (less proper deductions) together with any accrued interest.