RES exam question on Tenancy, Torts & Mortgage: A tenant stops paying rent and abandons the unit mid-term, leaving belongings behind
A tenant stops paying rent and abandons the unit mid-term, leaving belongings behind. The frustrated landlord wants to act decisively. Evaluate the statements: (i) Unpaid rent is a breach for which the landlord may claim (ii) The landlord should generally follow due legal process rather than resort to self-help (iii) The landlord may have a duty to mitigate his loss, e.g. by re-letting (iv) The landlord may immediately keep the deposit, sell the tenant's belongings, and recover all remaining rent with no process at all Which statements are CORRECT?
- A(i), (iii) and (iv) only
- B(i) only
- C(ii) and (iii) only
- D(i), (ii) and (iii) only
Show answer & explanation
Answer
D. (i), (ii) and (iii) only
Explanation
Unpaid rent is a breach of the tenancy for which the landlord may bring a claim, so (i) is correct. To recover possession or enforce his rights the landlord should generally follow due legal process rather than resort to self-help, confirming (ii). The landlord also has a duty to mitigate his loss, for example by seeking to re-let the unit, so (iii) is correct.
Why the other options are wrong
- (iv) is wrong: he cannot simply keep the deposit, sell the tenant's belongings, and recover all remaining rent with no process; summary self-help across the board is unlawful.
Study the concept behind this question: Landlord & Tenant Law: Covenants, Quiet Enjoyment & Forfeiture
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