Explore the legal terms and concepts related to Landlord-Tenant. Click on any term below to learn more about its definition and applications.
In assessing a landlord's tort liability, what six duties does a landlord have to make the premises safe?
1. Must disclose any concealed dangerous conditions (latent defects) 2. Must reasonably maintain co...
If a leasehold is condemned or taken via eminent domain, what is the effect on a tenant's duty to pay rent?
If an entire leasehold is taken by eminent domain, the tenant's duty to pay rent is extinguished. Ho...
How may a landlord waive a covenant prohibiting assignment?
When a landlord is aware of the assignment and does not object, they waive the covenant. Once the la...
If a tenant violates a covenant against assignment or sublease, what remedies are available to the landlord?
In the event of an invalid assignment or sublease, the landlord may terminate the lease and sue for...
When does a covenant run with the land?
A covenant runs with the land where there is (1) intent, and (2) it touches and concerns the land. T...
If an assignment occurs, what is the relationship between the assignee and the landlord?
The assignee and the landlord are in privity of estate, thus each is liable to the other for covenan...
In assessing a landlord-tenant issue, what is an assignment?
Leaseholds are always alienable, unless there is a restriction in the lease. An assignment is a comp...
What is a retaliatory eviction?
Landlords are prohibited from performing retaliatory evictions, which occur when a landlord terminat...
What is the implied warranty of habitability, and what remedies are available to the tenant if breached?
The implied warranty of habitability requires the landlord to keep property in a condition fit for h...
What constitutes a constructive eviction?
Constructive eviction is a breach of quiet enjoyment and occurs where the landlord does something or...
What constitutes a partial eviction?
Partial eviction is a breach of quiet enjoyment and occurs where the tenant is physically excluded f...
What is a landlord's duty to deliver possession?
In most jurisdictions, the landlord must put the tenant in actual possession at the beginning of the...
In assessing a landlord-tenant relationship, what are the landlord's duties?
The duties of a landlord are: 1. Duty to Deliver Possession 2. Quiet Enjoyment 3. Implied Warrant...
What is a landlord's duty to repair?
Under common law, a landlord has no duty to repair or maintain their property. However, these days,...
If a tenant breaches one or more of their duties, what remedies are available to the landlord?
A landlord may bring an unlawful detainer action to evict a tenant, or sue for rent. If the tenant u...
What is a tenant's duty to pay rent, and how does it affect their security deposit?
The tenant has a duty to pay rent. If the lease ends before the agreed-upon date, the tenant must pa...
What is a tenant's duty to not use the premises for an illegal purpose?
A tenant has a duty not to use the premises for an illegal purpose. If violated, the landlord may te...
In assessing a landlord-tenant relationship, what is the result of a tenant's covenant to repair?
In residential leases, even if the tenant agrees to perform repairs, the landlord is still usually o...
In a landlord-tenant relationship, who has a duty of restoration when the premises being leased are destroyed due to no fault of either party?
Traditionally, where the premises are destroyed without fault by either party, neither party has a d...
When does a tenant cause ameliorative waste?
Ameliorative waste results when a tenant improves the leased property in a way that increases its ec...
When does a tenant cause permissive waste?
Permissive waste results where the tenant fails to take reasonable steps to protect the premises fro...
When does a tenant cause voluntary waste?
Voluntary waste results when a tenant intentionally or negligently damages the premises or exploits...
What is a tenant's duty to repair?
A tenant cannot damage the premises, and is responsible for waste. Generally, a tenant is liable for...
In assessing a landlord-tenant relationship, what are the tenant's duties?
Tenants have the: 1. Duty to Repair (Doctrine of Waste) 2. Duty Not to Use Premises for Illegal Pu...
How do lease covenants affect a landlord-tenant relationship where one party breaches?
Covenants in a lease are generally independent, meaning if one party breaches a covenant, the other...
What are the exceptions to the hold-over doctrine?
A new tenancy will not result where (1) the tenant remains in possession for only a few hours after...
What is the hold-over doctrine?
If a tenant remains in possession after their right has terminated, their landlord has the right to:...
What is a tenancy at sufferance and how does it terminate?
A tenancy at sufferance is one that results from a tenant who wrongfully remains in possession after...
What is a tenancy at will and how does it terminate?
A tenancy at will is one that is terminable at the will of either party, and is generally created by...
What is a periodic tenancy and how does it terminate?
A periodic tenancy is one that continues for successive periods, and may be created by express agree...
What is a tenancy for years and how does it terminate?
A tenancy for years is one that lasts for a fixed period of time, and ends automatically upon the te...
What is a leasehold estate?
A leasehold is an estate in land in where the landlord has a future interest and the tenant has a pr...
What is a sublease?
A sublease is a transfer of an interest in a lease where the tenant retains some part of the remaini...
What constitutes an actual eviction?
Actual eviction occurs where the tenant is excluded from entire leased premises, which terminates th...
What is a landlord's duty to provide quiet enjoyment?
A landlord warrants that neither the landlord nor a paramount title holder will interfere with the t...
