Scenario 1
Landlord leases an apartment to Tenant for one year. After living there for one month, Tenant notices a
leak under the kitchen sink. The lease contains no provisions addressing either Landlord’s right to
inspect the apartment during the lease or repairs by Tenant. What obligations (if any) does Tenant have
regarding the leak? Explain your answer.
Scenario 2
In her will, O left her mansion to A for life, remainder to B. At the time of O’s death, the neighborhood
around the mansion was changing from residential to commercial uses. To preserve the value of the
land, A demolished the mansion and built an office building. Does B have any claims against A? If so,
who will prevail? Explain your answer.
Scenario 3
In her will, O left her mansion to A for life, remainder to B. At the time of O’s death, the neighborhood
around the mansion was changing from residential to commercial uses. To preserve the mansion (and
provide revenue for its upkeep), A converted the mansion from a residence into office space. Does B
have any claims against A? If so, who will prevail? Explain your answer.
Scenario 4
A executed a valid deed giving his house to B, reserving a life estate to himself. After recording the deed,
A stopped paying the county property taxes due on his house. After a few years of non-payment, B
learned that the county was preparing to sell the house at auction to recover the unpaid taxes. Does B
have any claims against A? If so, who will prevail? Explain your answer.
Laws to look at: Landlord Tenant, Assignment & Subleases, estates in land, Future interests,
present interests
● Meets all of the requirements of the discussion.
● Answers all questions in the discussion.
● Supports answers with references, where appropriate, to applicable authority or resources.
● Supports answers with deep analysis.
● Cites to authority using Bluebook citation format, if applicable, with no or minimal errors.
● Employs consistently proper mechanics, tone, and consideration of audience.
This discussion addresses the following outcomes:
Identify the actions and inactions that qualify as waste.
Identify the estates that can trigger a duty to avoid waste.
Explain how the duty to avoid waste impacts the usage of present possessory interests.