Landlord-tenant war stories (tenant obligations)

Alex - 1-year Washington lease says either party may terminate at will; LL resisted termination

Volk - Large deposit, 15 days to sign lease; T declined to sign; LL withheld $500

Teller - Signed lease with rental agent; other tenants moved in before could occupy

Barnes - "All inclusive" lease; six months into term, LL sends bill for electricity

Schaller - Confronted with holdover tenant

1. [Repossession]

a. Dunstan Barnes (Tenant) holds over
i. Toma lo Quequieras (Landlord) pours concrete into kitchen
ii. Quequieras has a shotgun and a Bengal tiger
iii. Quequieras turns off heat; turns off Internet connection

iv. Quequieras is a Buddhist, appears in a Kasaya with a large peace symbol on the front. He is accompanied by a flock of doves. Says, "I am here to retake possession; you are now a trespasser." Barnes says, "I dispute your right to possession; I do not consent to your entry, but I am a peaceable man and will not resist physically."

b. During the term; Quequieras asserts presence of Barnes' small beagle puppy violates lease; no termination clause

c. Barnes decides to move to Nepal; takes all his stuff

d. Barnes decides to spend three weeks in FL; takes all his stuff

2. [Mitigate]; Johanna Ojo decides she doesn't like apartment; surrenders--"You can have it, do whatever you want with it; Paulo Perezoso accepts; lets it sit vacant;
a. suppose market rate is lower
b. Suppose it's higher? See centerline investment co v. tri-cor industries, 80 S.W.2d 499 (Mo. Ct. App. 2002) (vacating tenant entitled to credit for higher rent received from replacement tenant)
c. lease contained Perezoso's option retake possession or to relet as Ojo's agent; Perezoso accepted latter, thus obligated to credit Ojo for excess rent?
d. Context of refusal to consent to assignment or sublease; maybe build into carryover hypo

3. [Rent and possession]; LL wants to keep tenant there bcs bottom has fallen out of market; rich tenant; sue for rent every three mos.-note that monthly rent is not due in advance; motivation for acceleration clause or for stating rent on annual basis

4. Damages to premises: T poured the concrete-dispute with roommate