Legal Definitions - commissive waste

Definition: Commissive waste is a type of harm to real property caused by a tenant's affirmative acts that result in permanent damage to the property. This can include physical damage, failure to maintain and repair, failure to pay property taxes, failure to comply with mortgage covenants, or keeping rents that belong to the mortgagee.

Example: If a tenant intentionally damages the walls or floors of a rental property, that would be an example of commissive waste. Another example would be if a tenant fails to maintain the property and it falls into disrepair, causing permanent damage.

Explanation: Commissive waste is different from permissive waste, which is a tenant's failure to make normal repairs to protect the property from substantial deterioration. Commissive waste involves affirmative acts that cause permanent harm to the property. The examples illustrate how a tenant's intentional or negligent actions can result in damage that cannot be easily repaired.