in maintaining them. Injury resulting from landlord's negligent repairseven if the landlord used all due care. Public use, if the following three factors exist: Landlord knows or should know that the tenant makes public use of the land (e.g. the land is rented for use as a restaurant or a store); Landlord knows or should know that there is a defect; and Landlord knows or should know that the tenant will not fix the defect. Duties of tenant Under the common law, the tenant has a number of duties to the landlord: to pay rent when it is due, to avoid waste of the property. to inform the landlord of any development that may affect the subject property. A tenant is liable to third party invitees for negligent failure to correct a dangerous condition on the premiseeven if the landlord was contractually liable. Effects of condemnation If land under lease to a tenant is condemned under the government's power of eminent domain, the tenant may be able to earn either a reduction in rent or a portion of the condemnation award (the price paid by the government) to the owner, depending on the amount of land taken, and the value of the leasehold property. With a partial taking of the land, the tenant may claim apportioned rent for property taken. For example, suppose a tenant leases land for six months for ¤1,000 per month, and that two months into the lease, and the government condemns 25% of the land. The tenant will then be entitled to take a portion of the condemnation award equal to 25% of the rent due for the remaining four months of the lease—¤1,000, derived from ¤250 per month for four months. A full taking, however, extinguishes the lease, and excuses all rent from that point. The tenant will not be entitled to any portion of the condemnation award, unless the value of the lease was greater than the rent paid, in which case the tenant can recover the difference. Suppose in the above example that the market value of the land being leased was actually ¤1,200 a month, but the ¤1,000 per month rate represented a break given to the tenant by the landlord. Because the tenant is losing the ability to continue renting the land at this bargain rate (and probably must move to more expensive land), the tenant will be entitled to the