Legal Definitions - commissive waste

Commissive waste refers to harm caused to real property by an individual who is in possession of it (such as a tenant or a life tenant) through an affirmative act that significantly damages the property or reduces its value.

Unlike "permissive waste," which involves failing to maintain the property, commissive waste involves actively doing something that causes damage. This action harms the interests of the property owner or those who will inherit the property in the future.

Here are some examples:

• Unauthorized Structural Alterations: Imagine a tenant renting a house who, without the landlord's permission, decides to remove a load-bearing wall to create a more open living space. This action compromises the structural integrity of the house, potentially making it unsafe and significantly reducing its market value.

  This is commissive waste because the tenant actively performed an act (removing a wall) that directly caused substantial damage to the property and diminished its value, harming the landlord's ownership interest.

• Destruction of Valuable Landscaping or Resources: Consider a situation where a tenant leasing a large estate with mature, valuable trees on the property decides to cut down several of these trees to improve their view or for personal use as firewood, without consulting or obtaining permission from the owner.

  This constitutes commissive waste because the tenant took an active step (cutting down trees) that permanently altered the property, destroying valuable natural assets and thereby reducing the overall aesthetic and economic value of the estate for the owner.

• Damaging Commercial Property Modifications: A business tenant renting a retail unit decides to install a specialized, heavy piece of machinery that requires cutting large holes through the floor and roof of the building for ventilation and support, all without the landlord's consent or proper engineering assessment.

  This is an example of commissive waste because the tenant actively modified the commercial property in a way that caused significant structural damage and alterations, potentially making it unsuitable for future tenants or requiring costly repairs, thus diminishing the landlord's asset.