Landlord/tenant - The Tenant's Duties

Front 1

What are the tenant's two basic duties?

Back 1

1. The duty to pay rent

2. The duty to avoid waste

Front 2

What is the tenant's duty to pay rent and what are the tenant's defenses for nonpayment?

Back 2

The tenant has a duty to pay rent in the amount agreed to. Some defenses are:

1. Failure to deliver possession of premises

2. Complete or partial eviction

3. The landlord materially breaches the lease.

Front 3

What are the main breaches a landlord may commit?

Back 3

1. The implied covenant of quiet enjoyment

2. The implied warranty of habitability

Front 4

What is a breach of the implied covenant of quiet enjoyment?

Back 4

When the landlord or anyone acting for him, interferes with the use and enjoyment of the premises? May include acts of other tenants.

Front 5

When can a tenant withhold rent for breach of the implied covenant of quiet enjoyment?

Back 5

When the actions make the premises unsuitable for their intended purposes and the tenant is constructively evicted.

Front 6

What are the elements of a constructive eviction?

Back 6

1. The premises were unusable for their intended purposes.

2. The tenant notifies the landlord of the problem

3. The landlord does not correct the problem; and

4. The tenant vacates the premises after a reasonable amount of time has passed

Front 7

What is a breach of the implied warranty of habitability?

Back 7

When the premises of a residential lease are not fit for human habitation. Their is a concern about the health and safety of the residents.

Front 8

What are the tenant's options when the premises are not habitable?

Back 8

1. Terminate the lease and move out; or

2. Make repairs and deduct the cost from the rent; or

3. Pay reduced rent, remain on the premises and sue for damages.

Front 9

What must the tenant do if he chooses to withhold rent because the property is not suitable for residential use?

Back 9

They must (1) notify the landlord of the problem, and (2) give the landlord a reasonable opportunity to correct the problem

Front 10

What is the difference in renters actions for breach of quiet enjoyment and breach of implied warranty of habitability?

Back 10

IWH does not require the tenant to vacate the premises.

Front 11

What is the duty to avoid waste?

Back 11

The tenant has a duty not to commit affirmative (voluntary) or permissive (neglectful) waste.

Front 12

Can a tenant make changes that increase the property's value (ameliorative waste)?

Back 12

Yes. But usually requires the landlord's permission.

Front 13

What is the extent of the tenant's duty to repair?

Back 13

Repairs are presumed to be the landlord's responsibility. However, the tenant must notify the landlord of any needed repairs and the landlord can place the duty on the tenant of a commercial lease.