Tenant's Duties

Question 1

Two primary duties of a tenant

Answer 1

(1) a duty to repair and maintain the premises

(2) a duty to pay rent

Question 2

What kinds of repairs is a tenant obligated to make?

Answer 2

Routine repairs (e.g., hair clogging the sink): YES

Repair occasioned by ordinary wear-and-tear (e.g., caused by time): NO

Question 3

Types of Waste Tenant Must Not Commit

Answer 3

Voluntary/Affirmative Waste (T’s overt conduct damages the premises)

Permissive Waste (T fails to take reasonable steps to protect the premises)

Ameliorative Waste (T unilaterally makes changes to the property that increases its value)
- Generally, T liable for cost of restoration
- BUT modern exception that T can make this change if they are a long term T and the change reflects changes to the neighborhood.

Question 4

Express Covenants for T to Repair in Lease

Answer 4

Residential: LL remains obligated to make repairs under the non-waivable implied warranty of habitability (except for damages caused by the tenant)

Nonresidential Lease: T’s covenant to repair is enforceable and LL may be awarded damages for a breach in the condition of the premises at the time the lease ends.

Question 5

What happens if T fails to pay rent while in possession of the premises?

Answer 5

LL can:
- Evict or Sue for rent

LL cannot:
- Self help (i.e., changing the locks, forcibly removing tenant)

Question 6

What happens if T fails to pay rent while NOT in possession of the premises?

Answer 6

If T wrongfully vacates with time still left on the lease, LL can (SIR):
- Treat the abandonment as an implicit offer of Surrender, and if LL accepts, lease it terminated

• Ignore the abandonment, and hold T responsible for remaining rent under the lease (minority of states)
• Re-let the premises and hold original T liable for any deficiencies (majority of states say LL must at least try to re-let)

Question 7

Laws on Rent/Security Deposits

Answer 7

Restricts the amount of security deposits to one month’s rent

Require landlords to pay interest on security deposits, and

Allow statutory or punitive damages for a landlord’s improper refusal to return a security deposit.

Clauses in leases that attempt to avoid these state laws are void.

The landlord is permitted to retain a security deposit for damages suffered to the premises.

Question 8

What happens to the duty to pay rent if there is a taking?

Answer 8

If the ENTIRE leasehold is taken by eminent domain, T’s liability for rent is extinguished

If the taking is only TEMPORARY or PARTIAL, T is not discharged from paying rent BUT is entitled to compensation.

Question 9

What happens if T uses the premises for illegal activities

Answer 9

LL may terminate the lease OR obtain damages and injunctive relief.