Real Property

Question 1

Duty to Repair

Answer 1

At old-common law, a landlord was under no duty to keep the leased premises safe or perform any upkeep or maintenance on the property. Thus, tenants who leased property and remained in possession of the property had the duty to maintain the property under all circumstances. Modern courts, however, have abandoned this old common law principle and instead hold landlords responsible for maintaining the property. As for commercial leases, however, it is assumed that both parties are sophisticated and can contract to repair or maintain the premises.

Question 2

Constructive Eviction

Answer 2

Assuming the landlord has the duty to maintain the premises and make repairs, a tenant is constructively evicted when the premises fail to conform to the commercial tenant’s express needs. Also, to qualify for a constructive eviction, the tenant must give the landlord adequate notice of the problems and also vacate the premises.
To be constructively evicted, the tenant must also leave the property.

Question 3

Damages

Answer 3

The landlord should not be awarded any damages because the landlord did not mitigate their losses in any fashion. When a contract or lease is terminated prior to an agreed upon end-date, the non-breaching party has the duty to mitigate damages. The landlord could mitigate damages by placing an ad to lease the property to another tenant. The landlord’s failure to place an ad or at least try to re-lease the property in some manner shows the landlord’s failure to mitigate.