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15 Cards in this Set

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  • Back
Intro Card
If a lease is silent as to tenant's duties, the tenant must do what?
1. Pay rent
2. Not commit waste
If the lease says the tenant must repair and maintain, then for what is tenant liable?
Liable for all damage to the property, including ordinary wear and tear... unless that's specifically excluded from the promise to repair.
What if the premises are destroyed without tenant's fault?
Tenant can terminate the lease.
Intro card
What happens if T fails to pay rent?
L can sue for damages, as well as to throw T off of the property.
What if T unjustifiably abandons the leasehold, what can L do?
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).
1. Give T possession of the premises when the lease begins.
2. To deliver RESIDENTIAL premises in a habitable condition
What if L can't give possession?
L has breached.
What does delivering in a habitable condition really mean?
There is an implied warranty of habitability in residential property: L must provide property that is reasonably suited for residential use.
What if L breaches the implied warranty of habitability?
2 options:
1. T can move out and end the lease
2. T can stay and sue for damages
What else is included in EVERY lease L makes?
The implied covenant of quiet enjoyment.
What are the 3 ways L can breach the implied covenant of quiet enjoyment?
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.
What if partial eviction is by a person who's not the L, but by someone with better title?
T's rent is apportioned.
For T to be excused on a constructive eviction, what are the 3 requirements?
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.