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Real Property • Landlord-Tenant
PROP#071
Legal Definition
Permissive waste results where the tenant fails to take reasonable steps to protect the premises from damage from the elements.
Plain English Explanation
Permissive waste happens when a tenant permits (or allows) damage to occur, especially small issues that are allowed to grow into larger issues. For example, if a tenant sees a mouse in their property, they shouldn't ignore it. One mouse can quickly become two, which can quickly become an infestation. The landlord doesn't live in the house or have an ability to take care of it on a daily basis, so even though the mouse's existence isn't the fault of the tenant, the law expects the tenant to not stand idly by while a leased property falls into disarray.
Additionally, it's worth noting that tenants have a duty to notify the landlord of such issues so that the landlord has the opportunity to fix them.
Additionally, it's worth noting that tenants have a duty to notify the landlord of such issues so that the landlord has the opportunity to fix them.
Hypothetical
Hypo 1: Amy leases Blackacre from Bob. One day, while walking up the steps to the front door, Amy notices that one of the wooden beams on the porch that holds the roof up had a few termites on it. Weeks later, Amy noticed that the termites had substantially eaten away at the wooden beam to the point that it had begun to crack. Weeks later, a loud crash was heard outside. When Amy looked, the front porch roof had fallen down and the beam was a pile of sawdust. Result: Amy permitted this damage to occur by not either dealing with the termites when she first noticed them, or by notifying the landlord so he could take preventative measures. This is permissive waste.
Visual Aids
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