California Real Estate Broker ExaminationReal Estate PracticeMedium
A tenant in a commercial lease for an office space wants to install custom shelving and repaint the walls in a vibrant color. The lease agreement specifies that any alterations to the premises require prior written consent from the landlord. The tenant proceeds with the changes without obtaining permission. This action is most likely considered a:
- ABreach of lease covenant.
- BCovenant of quiet enjoyment violation.
- CHoldover tenancy.
- DConstructive eviction.
Show answer & explanationAnswer & explanation
Correct answer: A. Breach of lease covenant.
A lease covenant is a promise or agreement within the lease. By making alterations without the required written consent, the tenant has violated a specific term of the lease agreement, which constitutes a breach of a lease covenant.
Why the other options are wrong
- B. The covenant of quiet enjoyment protects the tenant's right to use and enjoy the property without undue interference from the landlord or others with superior title.
- C. A holdover tenancy occurs when a tenant remains in possession of the property after their lease term has expired without a new agreement.
- D. Constructive eviction occurs when a landlord's actions, or inactions, make the property uninhabitable or unusable, forcing the tenant to vacate.
Lease Covenant Breach
A breach of lease covenant occurs when either the landlord or tenant fails to perform a specific promise or agreement (covenant) outlined in the lease contract.
- Common breaches include non-payment of rent, unauthorized alterations, or failure to maintain premises.
- Can lead to legal remedies like eviction, damages, or specific performance.
- Lease agreements typically detail consequences for such breaches.
Memory trick: Lease terms are rules; break them, and you've got a problem.