Tenant Duties and Landlord Remedies

Question 1

Tenants Duties

Answer 1

Must not commit waste,Must not use premises for Illegal Purposes, Duty to Pay Rent

Question 2

Destruction of Premises without fault

Answer 2

leased property destroyed without fault no waste is involved. In absence of language or statute neither party has duty to restore the remises, but tenant has a duty to continue paying rent.

Most states give tenant the option to terminate the lease in this sutation

Question 3

Tenant’s Liability for Covenant to Repair

Answer 3

Residential: if tenant covenant to repair, landlord usually remains obligation to repair (except for damages caused by tenant) under Warranty of habitability

NonResidential: covenant to repair is enforceable, landlord may be awarded damages for breach,

Question 4

Duty To not use Premises for Illegal Purpose

Answer 4

Use illegal use occurs, landlord may terminate lease, or obtain damages or injunctive relief. occasional unlawful conduct does not breach this duty.

Question 5

Duty to Pay Rent

Answer 5

Rent Deposits: landlord not permitted to retain security deposits beyond damages actually suffered, if deposit denoted as a bonus landlord can keep after eviction.

Duty ends, with termination or surrender

Question 6

Landlord Remedies, Tenant Still in Possession

Answer 6

Evict or Sue for Rent

Question 7

Landlord Remedies, Tenant No Longer In Possession

Answer 7

Tenant unjustifiable abandons, landlord has duty to mitigate. If landlord repossesses and relets, tenant’s liability depends on whether landlord has accepted the surrender.

If surrender is not found tenant liable for difference between his rent and re-let rent.