Tenant’s Obligations and Transfers under the Common Law

Tenant’s Common Law Obligations

A common restriction on lease agreements:

1. Permissible Uses

The law implies no restriction on a lease, but a carefully worded lease might restrict. Courts can enjoin these restrictions if the Landlord establishes that…

(1) the tenant misrepresented what he intended to use the property for.
(2) the Landlord reasonably relied on tenant’s misrepresentation
(3) the use to which the premises were actually put caused the Landlord damages.

1. Duty of Continued Operation

In commercial settings—especially if rent is based on % of tenant’s sales—a lease agreement might require tenant to keep the premises continually open. Courts decide to enforce this by looking at…

(1) the language of the lease
(2) the circumstances surrounding the lease
(3) this particular court has a history of intervening in landlord-tenant relationships



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Transfers under Modern Law

Jaber v. Miller

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