Real Property: Landlord-Tenants: Tenant's Duties

Tenant’s Duties: T’s liability to third parties | T’s duty to repair | T’s duty to pay rent
  • T’s liability to third parties (tort): T responsible for keeping premises in reasonably good repair. T is liable for injuries sustained by third parties T invited, even where L promised to make all repairs.
  • T’s duty to repair:
    • T’s duty to repair when the lease is silent:
      • Standard: Maintenance -- T must maintain premises, making ordinary repairs.
      • Must not commit waste. (voluntary, permissive, ameliorative)
      • Law of fixtures (walks hand-in-hand with waste) --when a tenant removes a fixture, he commits voluntary waste.
        • Fixture: once movable chattel that, by virtue of its annexation to realty: objectively shows the intent to permanently improve the realty.
          • EX: heating systems; custom storm windows; a furnace; certain lighting instillations.
          • T MUST NOT REMOVE A FIXTURE, NO MATTER THAT SHE INSTALLED IT. FIXTURES PASS WITH OWNERSHIP OF THE LAND.
          • A tenant installation qualifies as a fixture by:
            • Express agreement: any agreement by L and T is binding (won’t be express agreement on the bar
              • In the absence of agreement, T may remove a chattel that she has installed so long as removal doesn’t cause extensive harm to the premises.
              • If removal will cause substantial damage, then in objective judgment, T has shown intent to install a fixture—and the fixture stays put.
    • T’s duty to repair when T has expressly covenanted in the lease to maintain the property in good condition for the duration of the lease:
      • At common law, T was responsible for any loss to the property including loss due to force of nature.
      • Today, majority view: T may terminate if the premises are destroyed without T’s fault.
  • T’s duty to pay rent:
    • T breaches duty and is in possession of the premises: L’s only options are to evict through the courts or continue the relationship and sue for rent due. If the land lord moves to evict, she is nonetheless entitled to rent from the tenant until the tenant, who is now a tenant at sufferance vacates.
      • Landlord must not: Engage in self-help, such as changing the locks or forcibly removing tenant—or removing tenant’s possessions. Self-help is outlawed and may be punished civilly or criminally.
    • T breaches duty but is out of possession (i.e. T wrongfully vacates with time left on a term or years lease.) {SIR}
      • Surrender: L could choose to treat T’s abandonment as a tacit offer of surrender – which L accepts
        • Surrender = T shows by words or conduct that she wants to give up the lease.
        • If unexpired term is greater than 1 year, surrender must be in writing (statute of frauds).
      • Ignore the abandonment and hold T responsible for the unpaid rent, just as if T were still there. (minority view).
      • Re-let the premises on the wrongdoer tenant’s behalf, and hold him or her liable for any deficiency.
        • Majority rule: L must at least try to re-let (mitigation principle)