Landlord and Tenant

Question 1

What duties does a tenant have to a landlord?

Answer 1

1. Duty to repair (doctrine of waste)
2. Duty to not use the premises for illegal purposes
3. Duty to pay rent

Question 2

What are the 3 types of waste?

Answer 2

1. Voluntary (affirmative) waste
2. Permissive Waste
3. Ameliorative Waste

Question 3

What is voluntary waste?

Answer 3

Tenant intentionally or negligently damages the premises (i.e. leaves water on and it floods)

Question 4

What is permissive waste?

Answer 4

Tentant fails to take steps to protect the premises from the elements.

Tenant liable for all ordinary repairs, excluding wear and tear.

Question 5

What is ameliorative waste?

Answer 5

Tenant alters premises, increasing it’s value. Generally liable for cost of restoration.

Question 6

Landlord Remedies

Answer 6

1. Tenant on Premises but fails to pay rent: evict or sue for rent
2. Tenant Abandons: do nothing or repossess. Duty to mitigate damages by seeking to relet. Surrender - T liable for difference b/w rent and FRV

Question 7

Landlord Duties

Answer 7

1. Duty to deliver Possession of the premises
2. Quiet Enjoyment
3. Implied warranty of habitability

Question 8

Duty to Deliver Possession

Answer 8

Put tenant in actual possession of the premises at the state of the leasehold term

Question 9

Duty of Quiet Enjoyment

Answer 9

LL nor title holder will interfere with tenant’s quiet enjoyment

Question 10

How is quiet enjoyment breached?

Answer 10

1. Actual Eviction
2. Partial Eviction
3. Constructive Eviction

Question 11

Actual Eviction

Answer 11

LL or title holder excludes tenant from the entire leased premises. Terminates T’s obligation to pay rent

Question 12

Partial Eviction

Answer 12

T excluded from part of premises. PE by LL relieves the tenant of obligation to pay rent for the entire premises even though T continues in possession of the remainder.

PE by a 3P means must pay apportionment if rent

Question 13

Constructive Eviction

Answer 13

Renders premises unsuitable for occupancy.

T may terminate the lease and seek damages

Question 14

4 elements of constructive eviction

Answer 14

1. L breached a duty to tenant
2. Breach substantially and materially deprived the T of her use and enjoyment of the premises (i.e. flooding, lack of heat in winter)
3. T gave L notice and a reasonable time to repair
4. T vacated premises (otherwise cannot claim)

Question 15

What can a tenant do if implied warranty of habitability is breached?

Answer 15

1. terminate the lease
2. make repairs and offset the cost of rent
3. able the rent to an amount equal to the FRV (with defects)
4. remain in possession, pay full rent, and sue for damages.