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Real Property • Landlord-Tenant
PROP#073
Legal Definition
Traditionally, where the premises are destroyed without fault by either party, neither party has a duty to restore — but the tenant has a duty to continue paying rent. However, under the modern view, the tenant has the option to terminate the lease.
Plain English Explanation
This one takes a bit of explanation. Let's jump in our imaginary time machines and go back to the birth of property law. You see, property law is based on extremely old, extremely outdated laws made long before permanent structures like apartments, homes, and condos were common. In those times, when you leased land you literally only leased the land. If there so-happened to be a structure on it, or some sort of shelter, that was just a bonus. But the value was the land itself. In other words, if the shelter on the land burned down... so what? The land was okay, and the land was all that mattered. In this context, it made sense to still require a tenant to pay rent on land even if there were no longer a suitable structure to live in while on the land. As such, traditional laws reflect the tenant's duty to pay rent, even if the home they were renting no longer exists due to disaster (fire, tornado, etc.).
However, in recent decades, laws have begun to modernize and recognize the fact that most folks these days care about the structure on the land more than the land itself. As such, under majority, modern rules, destruction of the property gives the tenant an option to terminate the lease.
However, in recent decades, laws have begun to modernize and recognize the fact that most folks these days care about the structure on the land more than the land itself. As such, under majority, modern rules, destruction of the property gives the tenant an option to terminate the lease.
Hypothetical
Hypo 1: Amy rents a house on Blackacre from Bob. Amy signs a 6 month lease. One month into the lease, lightning strikes the house, setting it on fire. It burns to the ground. Result: Under traditional rules, Amy would still be obligated to pay Bob rent. However, under the majority, modern rules, Amy would be allowed to terminate her lease since the home no longer exists to live in.
Visual Aids
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