Property

Question 1

Tenants duty to repair when lease is silent

Answer 1

Only a duty to maintain the premises
routine repairs other than those due to ordinary wear and tear
Tenant cant commit waste

Question 2

Voluntary waste

Answer 2

Tenants overt conduct damages the premises

Question 3

Permissive waste

Answer 3

tenant fails to take reasonable steps to protect the premises from damage from the elements

Question 4

Ameliorative waste

Answer 4

tenant unilaterally alters the leased property thereby increasing its value
BUT Exception to this rule permits tenant to make this type of change if tenant is a long-term tenant and the change reflects changes in the neighborhood

Question 5

Tenants duty to repair when express covenant in lease

Answer 5

At common law, tenant responsible for any loss to property including that attributable to force of nature
Majority view is T may end lease if premises are destroyed without T’s fault

Question 6

Tenants duty to pay rent

Answer 6

Landlord can evict or continue the relationship and sue for rent if tenant fails to pay rent
Can’t use self-help though

Question 7

Landlords options when tenant wrongfully vacates

Answer 7

Surrender: treat the tenant’s abandonment as an implicit offer of surrender which landlord accepts ending lease
Ignore : do nothing and hold tenant responsible for unpaid rent until natural end of lease
Re-let: relet the premises on wrongdoers behalf and hold wrongdoer liable for deficiency

Question 8

Landlords duty to deliver possession

Answer 8

Landlord must put tenant in actual physical possession of the premises at the beginning of the lease-hold term

Question 9

Implied covenant of quiet enjoyment

Answer 9

arises by implication in every residential and commercial lease and provides a tenant with right to quiet use and enjoyment of the premises without interference from the landlord or a paramount title holder

Question 10

Breach of implied covenant of quiet enjoyment: wrongful eviction

Answer 10

Landlord wrongfully evicts tenant or excludes tenant from premises
Actual or partial eviction

Question 11

Actual eviction

Answer 11

Occurs when landlord, a paramount title holder, or a hold-over tenant excludes the tenant from the entire leased premises
Terminated tenants obligation to pay rent

Question 12

Partial eviction

Answer 12

occurs when the tenant is physically excluded from only part of the leased premises
Partial eviction by landlord relieves tenant of the obligation to pay rent for entire premises

Question 13

Breach of implied covenant of quiet enjoyment: constructive eviction

Answer 13

Occurs when landlords breach of duty renders the premises unsuitable for occupancy
SING
Substantial interference: chronic of permanent problem attributable to Ls actions of failure to act
Notice: Tenant must give L notice of the problem and L must fail to respond meaningfully within a reasonable time
Goodbye: T must vacate within a reasonable time after L fails to solve problem
This allows tenant to terminate lease and seek damages

Question 14

Landlords Duties towards acts of other tenants

Answer 14

Landlord generally has no liability to tenant for wrongful acts of other tenants UNLESS
to abate nuisance on site or control common areas

Question 15

Implied warranty of habitability

Answer 15

Applies only to residential leases and is nonwaivable
Premises myst be fit for basic human habitation, bare living requirements must be met

Question 16

Tenants entitlements when implied warranty of habitability is breached

Answer 16

MR3
Move: move out and terminate lease
Repair and deduct
Reduce rent or withhold all rent until court determines fair rental value
Remain in possession, pay full rent, and affirmatively seek money damages

Question 17

Assignment

Answer 17

a transfer of the entire remaining term of a lease
Assignee and landlord are in privity of estate; originally tenant is not - Each is liable to the other on all covenants in the lease that run with the land
Original tenant and landlord are in privity of contract though so original tenant remains liable on the original contract obligations

Question 18

Sublease

Answer 18

tenant has retained some part of the remaining terms, other than the right to reenter upon breach
Landlord and sublessee are neither in privity of estate or privity of contract

Question 19

Caveat Lessee

Answer 19

Let the tenant beware - landlord under no duty to make premises safe EXCEPT CLAPS
Common areas
Latent defects
Assumption of repairs
Public use rule
Short term lease and furnished dwellings