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MMLU / A landlord owns a three-story building. The landlord leased the building and the…

Problem

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question

A landlord owns a three-story building. The landlord leased the building and the surrounding property to a tenant for a term of six years, commencing on December 1, 2003 and terminating on November 30, 2009. On April 15, 2004, a neighbor, who owned an adjoining parcel of land, was burning leaves and underbrush on his land. There was a high wind blowing in the direction of the land that the landlord leased to the tenant, and the wind carried the burning leaves onto the tenant's property. The building caught fire and caused $150,000 in fire damages. Because of the fire, the tenant has not occupied the leased premises since the date of the fire because the building was rendered uninhabitable. This state is a common law jurisdiction. In addition, the controlling Statute of Limitations for initiating an action for damages due to negligence is five years from the time the cause of damage occurs. On May 1, 2004, the landlord brings suit against the tenant asserting breach of contract for failing to pay the rent. Judgment should be for

choices

  1. the landlord, because a tenant remains liable to pay rent, even though as a result of the fire, the property was rendered uninhabitable.
  2. the landlord, because the covenant to pay rent runs with the land.
  3. the tenant, because it would be inequitable to enforce the rental provision in the lease because the premises was rendered uninhabitable.
  4. the tenant, because an increasing number of states have enacted statutes relieving a tenant of his obligation to pay rent where the premises are rendered uninhabitable by fire or other acts of God.

subject

professional_law

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Source and history

task_id
5dcd9a47-c329-53dc-9ffa-9f58bd6937c5
task_key
all--test--5dcd9a47-c329-53dc-9ffa-9f58bd6937c5
task_revision_id
1
config / split
all / test

Official source

initial import