This question should be answered in an IREAC (issue, rule, explanation, application, conclusion) format. Please include all relevant key words when describing each topic.
Tania rented an apartment in a one-apartment building from Ilya for one year. Tania and Ilya covenanted to have Tania return the building in the same condition as from when she rented it, including the duty to repair anything that she broke or became broken while she was a tenant. One frightful evening, when Tania was out to dinner, lightning struck the building Tania was renting and destroyed it. Ilya sued Tania for the amount of money he paid to rebuild the building.
Who will prevail?
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Hint
Recall that although tenants have obligations not to commit waste, they generally do not have a duty to rebuild. Think about which obligations are implicated in this scenario.
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