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9 Cards in this Set

  • Front
  • Back

What must a lease contain?

As it comes within the Statute of Frauds, it must contain:


- Lessor & lessee named


- description of the leased land


- terms of the lease


- amount of rent

If the property is destroyed (fire/flood/storm), does the renter still have to pay?

Common Law: Yes



Modern law: No (frustration of purpose)

How else can rent be extinguished?

Release by landlord, merger, expiration of lease, or eminent domain.



If all of the rental property is condemned, it is extinguished. If only part of it is, the duty to pay remains.

What is constructive eviction and what is the result of it occurring?

It is a material breach by the landlord in violation of a tenant's implied covenant of quiet enjoyment or the rendering of the premises as uninhabitable.



It extinguishes the rental duty, as long as the tenant quits the premises in a timely fashion.

Who has the duty to repair?

Unless otherwise noted in the lease agreement, the tenant has the duty to ordinary repair.

Is the landlord liable for dangerous conditions on the property?

Only if the landlord knows or reasonably should know about a condition that the tenant isn't likely to discover.

What duties are owed to a trespasser?

None, unless a dangerous condition is known or anticipated - then a duty to warn is owed.

What duties are owed to a licensee?

A duty to warn of known, dangerous conditions.

What duties are owed to an invitee?

A duty to inspect/make safe.