Voluntary Waste Law and Legal Definition
Voluntary waste is waste caused by willful destruction or carrying away of something attached to the property. It is a deliberate and active change to the property. It involves some positive act of injury to the property, thereby diminishing its value for the person next in succession. For example, if the tenant of an apartment removes kitchen appliances that are attached to the apartment floors and walls it amounts to voluntary waste.
In an action for voluntary waste, the plaintiff must show that the waste was caused by an affirmative act of the tenant. Landlords usually protect against this type of voluntary waste by requiring a security deposit from the tenant at the commencement of the lease. This deposit can be used to repair the damages caused by the tenant. However, if the damage exceeds the deposit, the landlord may file an action seeking damages for the repairs not covered by the deposit.
Voluntary waste is also termed commissive waste; active waste or affirmative waste.
Legal Definition list
- Voluntary Unemployment
- Voluntary Uncommitted Cost Sharing
- Voluntary Trust
- Voluntary Trichinae Certification Program [VTCP]
- Voluntary Transfer (Bankruptcy)
- Voluntary Waste
- Voluntas Donatoris In Charta Doni Sui Manifeste Expressa Observetur
- Voluntas Et Propositum Distinguunt Maleficia
- Voluntas Reputatur Pro Facto
- Voluntas Testatoris Est Ambulatoria Usque Ad Extremum Vitae Exitum
- Voluntas Testatoris Pro Lege Habetur
Related Legal Terms
- Agricultural Solid Waste
- Ameliorative Waste
- Asbestos-Containing Waste Materials [National Emission Standard for Asbestos]
- Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal
- Cargo Associated Wastes [Maritime Law]
- Commissive Waste
- Complete Voluntary Trusts
- Corrosion Expert [Hazardous Waste Management]
- Double Waste
- Eligible Solar, Wind, Waste or Geothermal Facility
