16641 Lecture Notes - Lecture 1: Nuisance
Document Summary
Implied by common law: quiet enjoyment, non-derogation from grant, business efficacy, use in a tenant-like manner, deliver up possession at end of lease, pay rent, business efficacy. To maintain in a state fit for habitation. To re-enter and forfeit upon non-payment of rent. To repair: against assignment of lease or against. Other obligations: duty of repair in tort reversion subleasing. [11. 39] as with all contracts, covenants can only be implied if: no statute covers the area to which the covenants relates; or, there is an express covenant in the lease agreement that deals with the same subject matter. The two main obligations of a lessor are not to interfere with the lessee"s possession and enjoyment of the leased premises and not to derogate from the grant. [11. 40] covenant for quiet enjoyment the covenant for quiet enjoyment requires a lessor to give the lessee peaceful and uninterrupted possession" of the leased premises.
