Legal Definitions - active waste

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.