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15 Cards in this Set
- Front
- Back
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TENANT'S DUTIES
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Intro Card
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If a lease is silent as to tenant's duties, the tenant must do what?
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1. Pay rent
2. Not commit waste |
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If the lease says the tenant must repair and maintain, then for what is tenant liable?
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Liable for all damage to the property, including ordinary wear and tear... unless that's specifically excluded from the promise to repair.
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What if the premises are destroyed without tenant's fault?
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Tenant can terminate the lease.
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LANDLORD'S REMEDIES
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Intro card
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What happens if T fails to pay rent?
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L can sue for damages, as well as to throw T off of the property.
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What if T unjustifiably abandons the leasehold, what can L do?
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2 choices:
1. Treat abandonment as an offer of surrender and accept the offer by retaking the premises; thus ending T's liability as of that date. 2. L can re-rent the premises on T's account and hold T liable for any deficiency (mitigation of T's damages). |
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What are LANDLORD'S DUTIES?
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1. Give T possession of the premises when the lease begins.
2. To deliver RESIDENTIAL premises in a habitable condition |
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What if L can't give possession?
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L has breached.
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What does delivering in a habitable condition really mean?
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There is an implied warranty of habitability in residential property: L must provide property that is reasonably suited for residential use.
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What if L breaches the implied warranty of habitability?
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2 options:
1. T can move out and end the lease 2. T can stay and sue for damages |
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What else is included in EVERY lease L makes?
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The implied covenant of quiet enjoyment.
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What are the 3 ways L can breach the implied covenant of quiet enjoyment?
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1. By total eviction, which ends t's obligation to pay rent and terminates the lease
2. By partial eviction, doesn't terminate the lease; T can stay and pays no rent to L 3. Constructive eviction: L fails to provide a service L is supposed to provide, thus making premises uninhabitable. |
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What if partial eviction is by a person who's not the L, but by someone with better title?
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T's rent is apportioned.
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For T to be excused on a constructive eviction, what are the 3 requirements?
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1. L has to do it (not others)
2. Must be a substantial interference with the covenant of quiet enjoyment 3. Must be an abandonment of the premises within a reasonable time after the breach. |
