Landlord–Tenant Relationship: Duties and Remedies

What does a leasehold estate give the tenant?

The right to possess the property while the landlord retains ownership.

What is the tenant’s basic financial duty?

To pay rent according to the agreed method and schedule.

What can a landlord do if a tenant stops paying rent but remains in possession?

Evict the tenant through the courts or sue for unpaid rent while allowing the tenancy to continue.

How must a landlord pursue eviction for nonpayment of rent?

Through the courts.

What are the landlord’s three possible responses to a tenant’s abandonment?

Accept termination, leave the premises vacant under the minority rule, or relet the premises under the majority rule requiring mitigation.

How may a landlord treat a tenant’s abandonment?

As an offer to terminate the lease.

What happens if the landlord accepts the tenant’s offer to terminate?

The lease ends, but the tenant remains liable for accrued rent and applicable damages caused by abandonment.

Under the minority rule, what may a landlord do after a tenant abandons the premises?

Leave the premises vacant and hold the tenant liable for rent through the remaining lease term.

Under the majority rule, what must a landlord do after a tenant abandons the premises?

Mitigate damages by making reasonable efforts to relet the premises.

What does it mean to mitigate damages after abandonment?

Make reasonable efforts to find a replacement tenant and reduce the rental loss.

Does a tenant’s abandonment automatically eliminate liability for rent?

No. The tenant may remain liable, depending on the landlord’s response and the applicable rule.

What may the original tenant owe when the landlord relets the premises?

The remaining rental deficiency after accounting for rent received from the replacement tenant.

What is the tenant’s general duty concerning the condition of the premises?

To maintain the premises through routine, day-to-day maintenance and repairs.

What are examples of routine tenant maintenance?

Replacing burned-out light bulbs, addressing ordinary toilet clogs, and cleaning soap buildup.

Is the tenant generally responsible for substantial, long-term repairs?

No.

Is the tenant generally responsible for repairs caused by ordinary wear and tear?

No.

Is replacing a burned-out light bulb ordinarily the tenant’s responsibility?

Yes. It is routine maintenance.

Is repairing defective electrical wiring ordinary tenant maintenance?

No. It is a substantial repair rather than routine maintenance.

What is the landlord’s duty to deliver possession under the majority rule?

To put the tenant in actual physical possession at the beginning of the lease term.

When must the landlord deliver actual physical possession?

At the beginning of the lease term.

Does the landlord satisfy the majority rule if a previous tenant is still occupying the premises when the new lease begins?

No. The landlord has failed to deliver actual physical possession.

What remedy is available when the landlord breaches the duty to deliver possession?

The new tenant is entitled to damages.

What is the implied covenant of quiet enjoyment?

A promise that the tenant may use and enjoy the premises without interference from the landlord or someone claiming an interest in the property.

Does quiet enjoyment simply mean freedom from noise?

No. It means freedom from interference with the tenant’s use and enjoyment of the premises.

Can a landlord’s affirmative actions breach the covenant of quiet enjoyment?

Yes. For example, faulty electrical work that leaves the premises without functioning electricity may interfere with the tenant’s use.

Can a landlord’s failure to act breach the covenant of quiet enjoyment?

Yes. For example, failing to repair a collapsed roof that prevents access may interfere with the tenant’s use.

What is the implied warranty of habitability?

A requirement that residential premises be fit for basic human habitation.

What typically determines the standards of habitability?

Local housing codes.

What are examples of basic habitability requirements?

Heat during winter, working plumbing, and running water.

Must the implied warranty of habitability be expressly written in a residential lease?

No. It is implied by law.

What is the main difference between quiet enjoyment and habitability?

Quiet enjoyment concerns interference with use and enjoyment; habitability concerns whether residential premises meet basic living standards.

What federal laws discussed in the lesson restrict housing discrimination?

The Civil Rights Act and the Fair Housing Act.

What are examples of protected characteristics in housing?

Race, religion, sex, and disability.

May a landlord refuse to rent because of a protected characteristic?

No.

What is the traditional common-law rule concerning a landlord’s duty to make the premises safe?

Subject to exceptions, the landlord generally has no duty to make the premises safe.

Under the traditional common-law approach, who generally bears the risk of unsafe premises?

The tenant, subject to exceptions.

What is the modern trend concerning a landlord’s tort duty?

The landlord owes a general duty of reasonable care.

Under the modern trend, when may a landlord be liable for injuries caused by a defect?

When the landlord’s negligence causes the injury and the landlord had notice of the defect and an opportunity to repair it.

What two circumstances concerning a defect are important to landlord liability under the modern approach?

Notice of the defect and an opportunity to repair it.

What kind of harm is the focus of the landlord’s tort liability discussed in the lesson?

Personal injuries resulting from the landlord’s negligence.

A landlord knows termites have damaged a ceiling beam but fails to repair it, and the beam injures a tenant. What is the potential basis for liability?

Negligence under the modern duty of reasonable care.

What should you first determine in a tenant’s nonpayment question?

Whether the tenant remains in possession or has abandoned the premises.

What should you identify in a repair-duty question?

Whether the problem involves routine maintenance, substantial repairs, or ordinary wear and tear.