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Real Property • Landlord-Tenant
PROP#070
Legal Definition
Voluntary waste results when a tenant intentionally or negligently damages the premises or exploits its materials.
Plain English Explanation
Voluntary waste is waste that happens as a result of the tenants intentional conduct. For properties involving structures (like a house or an apartment), this type of waste includes things like causing physical damage to the property (breaking walls, windows, etc.). For properties involving land, it usually has to do with exploiting the natural resources (cutting down trees, digging up the land, or extracting minerals from it). The only time such exploitation is allowed is if such rights are included in the lease, or if the property was previously used for such exploitation (mining, logging, etc.).
Hypothetical
Hypo 1: Amy leases Blackacre from Bob. Blackacre has a home on top of a large parcel of land with trees. Amy decides to practice her paintball skills and invites friends over for paintball wars. Months into her lease, Blackacre now looks like a rainbow polka dotted clown nightmare, with paintballs splattered across the land, trees, and house. Result: Amy has committed voluntary waste by littering the property with paint splatters.
Hypo 2: Amy leases Blackacre from Bob. Amy wants to use the shed as an art studio to paint in. Amy doesn't realize it, but her metal containers holding paint and paint thinner have rusted, allowing the paint and chemicals to leach into the soil around the home. Result: Amy's negligence has resulted in voluntary waste, leaking chemicals and paint into the property.
Hypo 2: Amy leases Blackacre from Bob. Amy wants to use the shed as an art studio to paint in. Amy doesn't realize it, but her metal containers holding paint and paint thinner have rusted, allowing the paint and chemicals to leach into the soil around the home. Result: Amy's negligence has resulted in voluntary waste, leaking chemicals and paint into the property.
Visual Aids
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