Exam 51: Leases

Rent is automatically increased:

Ordinarily,the landlord is not liable to the tenant for crimes committed on the premises by third persons,such as when a third person enters the premises and commits larceny or murder.

When a lease runs for an indefinite period,which may be terminated at any time by the landlord or the tenant,a tenancy at will exists.

Roberts leased a duplex from Hughes.Later,without Hughes' knowledge,Roberts sublet half of the duplex to Carrera.Carrera did not take proper care of the premises and her part of the duplex was substantially damaged as a result of her negligent use and abuse.Upon discovering the situation,Hughes notified Roberts that he was holding him responsible for any and all damages to Carrera's portion of the duplex,and that Roberts was to bear the costs of returning the premises to the original state of repair.Roberts replied that he had sublet to Carrera in good faith,had no further dealings with Carrera after the sublet agreement,had no knowledge of negligence,and could not be held liable for damages caused by another.Can Roberts be held liable?

The assignment of a lease discharges the original tenant from the duty to pay rent.

A landlord is ordinarily not liable to third persons injured because of the condition (not existing at the time the lease was created)of any part of the rented premises that is in the possession of a tenant by virtue of a lease.

In a residential lease,it is commonly held that there is an implied warranty of habitability.

Unless restricted in the lease,a tenant may generally use the premises for any lawful purpose for which they are adapted.

Morris rented an apartment in a relatively safe neighborhood of a major city.The door to Morris' apartment had two locks,and one of these was of the deadbolt variety designed to prevent burglaries.Morris left for work and engaged both locks.When Morris returned from work,Morris found that a burglar had broken into the apartment by forcibly breaking the locks.Morris sustained a substantial loss of money and property from this burglary.Morris notified the building superintendent and the owner who had the locks repaired.The attempted repairs were not entirely successful,inasmuch as the locks did not properly lock on some occasions.This enabled the door to be readily opened whenever anyone pushed against the door.Morris complained frequently about the condition of the locks,but the owner would take no further action regarding them.Finally,a burglar again broke into Morris' apartment,stealing substantial sums.This time,there was no breaking of the locks.The evidence was that the locks were not working properly at the time of the burglary.Morris sued the owner for the losses from the two burglaries.Decide.

Which of the following is an example of a legal restriction that may be imposed on a tenant's deposit?

Inference occurs when a landlord prevents a tenant from accessing the property.

Arnold Properties,Inc.entered into a lease agreement with Janet for a residential house.Janet made four (4)subsequent monthly payments.At the end of the four (4)months,Janet learned that she was to be transferred to a new job in another state.Janet approached her landlord and explained her situation.The landlord was unsympathetic and refused to release Janet from her rent.The landlord insisted on enforcement of rental payment for the duration of the lease,which was for one (1)year.Janet had not provided for a release in her lease to cover the possibility of a job transfer.Must Janet pay for the remaining eight (8)months of rent even if she is not in physical possession of the property?

If a tenant fails to pay rent on time the landlord: