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Simple English definitions for legal terms
active waste
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A quick definition of active waste:
Active waste is when a tenant harms or damages real property, either on purpose or by neglect, which can cause permanent harm to the property. This can include physical damage, failure to maintain or repair, failure to pay property taxes, or not following the terms of the mortgage agreement. It is important for tenants to take care of the property they are renting to avoid causing active waste.A more thorough explanation:
Definition: Active waste is a type of harm to real property caused by a tenant's affirmative acts. It is also known as commissive waste or voluntary waste. For example, if a tenant intentionally damages the property or fails to maintain it, it can be considered active waste.
Example: If a tenant cuts down trees on the property without permission, it is considered active waste because it is a deliberate act that harms the property. Another example is if a tenant fails to repair a leaky roof, causing further damage to the property.
These examples illustrate how active waste is different from permissive waste, which is a tenant's failure to make normal repairs to protect the property from substantial deterioration. Active waste is a deliberate act that causes harm to the property, while permissive waste is a failure to take action to prevent harm.