Tenant's Duties

Question 1

A tenant has two primary duties:

Answer 1

(1) to repair AND
(2) to pay rent

Question 2

Tenant’s duties to repair when the lease is silent

Answer 2

a. obligation to maintain premises
b. tenant must not commit waste

Question 3

A tenant cannot damage (commit waste on) the leased premises. There are 3 types of waste:

Answer 3

• voluntary (affirmative) waste
• permissive
• ameliorative

Question 4

Can a landlord engage in self-help?

Answer 4

No. The landlord cannot forcibly change locks, forcibly remove the tenant, or remove any of the tenant’s possessions.

Question 5

Suppose that a tenant wrongfully vacates with time left on a term of years lease? What are the landlord’s options?

Answer 5

Remember SIR
- Surrender
- Ignore the abandonment (only available in a minority of states)
- Re-let the premises on the wrongdoer-tenant’s behalf (under majority, landlord must at least try to re-let)