Ch13: Landlord and Tenant- Landlord's Duties Flashcards
(13 cards)
Majority rule for landlord’s duty to mitigate damages
The landlord must make reasonable efforts to re-rent the property
If the landlord does not make diligent efforts to mitigate, the tenant is __________ from the obligation to continue paying rent
relieved
If the landlord does seek to mitigate, the landlord is entitled to the difference b/w the original rent and the rent received from ?
the replacement tenant
Minority rule for the duty to mitigate damages
The landlord does not have to mitigate damages (this is usually more common in cases w/ commercial leases)
How can the landlord deal with a holdover tenant?
- Can evict the holdover tenant; or
- Can continue the relationship w/ the tenant by treating the holdover tenant as a periodic tenant
The landlord can impose a higher rent in the new periodic tenancy if?
the landlord had informed the tenant of the increase prior to the expiration of the old lease
Majority rule for duty to deliver possession
The landlord must deliver actual possession of the leasehold premises (this means physical possession of the property)
Minority rule for the duty to deliver possession
The landlord only required to deliver legal possession
The landlord cannot deny the tenant?
quiet enjoyment
Quiet enjoyment is violated when?
when the landlord, or someone connected to the landlord, renders the premises unsuitable for the intended purpose
The landlord must control 2 things:
- Common areas (lobby, hallway, laundry room, etc)
- Nuisance like behavior of other tenants
What does the landlord not have to control
Off premises actions of third parties that are beyond the landlord’s control
In a residential lease, the landlord must provide?
habitable premises
