임차인의 선관주의의무에 관한 연구

Tenant's liability for property damage

A lease provision that requires the tenant to "return the leased premises in good repair" at the end of the lease term does not require the tenant to build a new building or pay for a building that was destroyed without any fault or negligence on the part of the tenant. However, the obligations of a tenant, where the tenancy contains no express obligations with regard to repair or maintenance of the demised premises, are based on the tenant's implied obligations to use the premises in a tenant-like manner and upon his implied duty of proper care. A tenant commits fault if he causes, by act or omission, any lasting alteration to the land or premises to the prejudice of the reversioner, by way of damage, destruction or neglect. The duty of proper care is founded in contract. Tenant's liabiliy for property damage is therefore affected by express covenants to repair, to resinstate, or against structural alterations in the lease. Where there is an express convenant for alterations the landlord cannot sue for damages for waste. Proper care of the property by a tenant begins when they move in. Tenants are responsible for deliberate or negligent damage, whether caused by family, guests, or visitors. However, the tenant is not liable for damage by the elements or resulting from "ordinary wear and tear".