Term
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Definition
contract governing landlord-tenant relationship
common law: one party can breach and other could recover, but still had to perform promises and cant terminate landlord tenant relationship. |
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Term
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Definition
if landlord does something(or fails duty to provide a service) that renders property uninhabitable, tenant may termenate lease and seek damages.
1. landlord's actions. 2. tenant vacates in reasonable time. |
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Term
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Definition
| landlord excludes tenant from entire leased premises. terminates the tenant's obligation to pay rent. |
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Term
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Definition
| occurs when tenant is physically excluded from part of leased premises. by landlord. relieves tenant from paying rent for entire premises. |
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Term
| implied warranty of habitability |
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Definition
non waivable. in residential leases. land lord duty tied to local housing codes.
breach: tenant may 1. terminate lease. 2. make repairs and offset the cost against future rent. 3. abate the rent to an amount = to fair rental value in view of defects. 4. remain in posession, pay rent and sue for damages. |
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Term
Tenant's Duty to Repair
(doctrine of waste) |
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Definition
| Tenant can't damage (commit waste) on the leasted premesis |
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Term
Voluntary waste
(affirmative waste)
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Definition
| tenant intentionally or negligently damages the premises |
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Term
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Definition
| tenant fails to take reasonable steps to protect the premises from damage from the elements. liable for all ordinary repairs, excluding ordinary wear and tear. if landlord has duty (by lease or statute) tenant has duty to report deficiencies promptly. |
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Term
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Definition
tenant alters the leased property, increasing its value. tenant is liable for cost of restoration.
modern exception: tenant can do this if they're a long-term tenant and it reflects changes in neighborhood. |
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Term
| Destruction of premises: without fault |
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Definition
destroyed without fault of landlord of tenant? no waste.
no agreement in lease: neither party had duty to restore but tenant has duty to continue rent. most states give tenant option to terminate lease even with explicit covenant to repair. |
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Term
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Definition
residential tenant agrees to repair, landlord usually remains liable to repair under warrnty of habitability.
nonresidential tenant: enforceable.
all: not usually liable to rebuild after structual damage or casualty destruction unless expressly included. |
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Term
duty not to use premises for illegal purposes
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Definition
| if tenant uses for illegal purpose, land lord can terminate lease obtain damages and injunctive relief. occasional unlawful conduct does not breach |
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