Week 1--Introduction; Landlord-Tenant Law

Property Law

Governs the legal relationships between people with respect to things, both tangible and intangible.

Possession

Physical control over an object; does not equate to ownership.

Ownership

Legal right to control and use a property.

Bundle of Sticks

Metaphor for the different rights associated with property ownership including possession, use, and transfer.

Leasehold

Legal interest in a property granted to a tenant through a lease agreement.

Tenancy for a Term of Years

Lease with a fixed start and end date that ends automatically.

Periodic Tenancy

Lease that automatically renews unless proper notice is given.

Tenancy at Will

Lease that endures at the desire of either party, terminates on death or assignment.

Tenancy at Sufferance

Occurs when a tenant holds over after lease expiration without permission.

American Rule

Landlord only owes an implied obligation to deliver legal right of possession, not actual physical possession.

English Rule

Landlord must deliver actual physical possession of the property on Day 1 of the lease term.

Privity of Contract (POC)

Legal relationship created by the contractual promises between original parties.

Privity of Estate (POE)

Legal relationship based on a direct property connection between landlord and possessor.

Assignment

Transfer of a tenant's entire remaining interest in a lease.

Sublease

Transfer of less than the tenant's full interest in a lease.

Consent Clause

Provisions in a lease requiring landlord approval for transfer of interests.

Tenant Default

Failure by the tenant to meet lease obligations such as non-payment of rent.

Self-Help Rule

Traditional rule allowing landlords to claim possession without going through courts, now largely prohibited.

Statutory Judicial Procedures

Legal processes mandated for landlords to evict defaulting tenants.

Breach of Lease

Violation of the terms set forth in a lease agreement.