Express Covenants in Lease Agreements

This set of flashcards covers express covenants in lease agreements, specifically focusing on covenants against alterations and insurance requirements, including legal distinctions between short-term and long-term leases.

What constitutes an alteration under the 'covenant not to make alteration'?

Alterations include additions or changes to the premises, such as breaking walls, reworking the veranda, fixing the roof, or fixing pillars.

To whose interest is the covenant not to make alterations primarily important?

The lessor's reversionary interest.

What are the three types of prohibitions that may apply to a covenant against alteration?

Absolute, conditional, or qualified prohibition.

How is the covenant not to make alterations usually applied in a short term lease?

It is usually an absolute prohibition from altering the property.

Under an absolute prohibition in a short term lease, what is required to make an alteration?

Written consent of the landlord is required, and the landlord has the right to reject the request without giving a reason.

Which case is cited regarding absolute prohibitions on alterations where the landlord can reject without reason?

Isiaco versus Ojina.

What is the consequence for a lessee who makes an alteration without the landlord's consent?

The lessee may be made to restore the property to its former state.

In a good draft for a short term lease, what are the common exceptions to the prohibition of alterations?

The installation of air conditioners and burglary proof.

How does the covenant for alterations differ in a long term lease compared to a short term lease?

In a long term lease it is qualified, meaning alterations are allowed subject to the landlord's consent, provided that consent is not unreasonably withheld.

Which case is associated with the qualified covenant to make alterations in a long term lease?

Alakija versus John Holt.

What is a 'covenant to insure'?

An undertaking to insure the demised premises by one of the parties to the lease in the name of one or all of the parties.

Why is insurance of the demised premises necessary for both the landlord and the tenant?

Because both parties have insurable interests in the property.

What four elements should be covered by insurance clauses in a lease?

Who is to insure, risks to be insured against, amount of insurance cover, and the application of the insurance money.