Duties of the Tenant & Landlord, Tort Liabilites

Question 1

What are a tenants duties?

Answer 1

1. Pay rent
2. Avoid waste
3. Repair (non-residential leases)

Question 2

Exceptions to duty to pay rent

Answer 2

1. Premises destroyed (what happens is the lease is terminated and the T is excused)
2. Material breach by L

Question 3

T duties as to affirmative waste

Answer 3

T is prohibited from commuting voluntary waste

Question 4

T duties as to ameliorative waste

Answer 4

T may make changes to physical condition of property that increased the property value IF

1. Reasonably necessary for T to use property in reasonable manner, UNLESS
2. L and T agree otherwise

Question 5

T duties regarding permissive waste

Answer 5

T has duty to repair the premises to keep it in pre-rental condition (unless relieved by lease, statute, or ordinance)

No duty to repair normal wear and tear

Question 6

Non-residential T duties regarding repairs

Answer 6

T may be contractually liable for all damage to property (unless caused by L)