Property lawLesson 3 of 4 in the course Estates and leases

Landlord–Tenant Law: Leases, Duties, Remedies, and Transfers

5 flashcards · 5 quiz questions · 5 match pairs · 4 fill-in sentences · English

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Summary

Landlord–tenant law governs the rights and duties of landlords and tenants. This lesson introduces the legal foundations of the field, explains core lease terms, and compares residential and commercial leases.

In common-law systems, landlord–tenant law draws on both real property law and contract law. A lease gives a tenant a possessory interest in property while also creating contractual obligations. Although common-law principles remain relevant, modern rules are frequently governed or modified by statutes.

All flashcards

What does landlord–tenant law govern?
It governs the rights and duties of landlords and tenants in relation to leased property, drawing on property, contract, and statutory rules.
What is a leasehold estate?
It is the tenant's right to possess and use property under the terms and for the period established by a lease.
How may commercial rent be calculated?
It may be fixed, tied to business performance, or both—for example, base rent plus a percentage of gross sales.
Why may residential leases receive more legal protection?
The home is especially important, and residential tenants may have less bargaining power than commercial parties negotiating business leases.
What is the duty to deliver possession?
Where recognized, it requires the landlord to place the tenant in actual possession when the lease begins, including addressing a wrongful holdover.

Quiz questions

  1. What does the implied warranty of habitability generally require of a residential landlord?Answer: Provide shelter free from serious defects that threaten health or safety.
  2. What does the implied covenant of quiet enjoyment protect?Answer: The tenant's possession and use against improper landlord interference.
  3. Which description best distinguishes an assignment from a sublease?Answer: An assignment transfers possession for the remaining term; a sublease covers less time.
  4. After a tenant breaches a lease, what may a landlord's duty to mitigate require?Answer: Taking reasonable steps to reduce losses caused by the breach.
  5. What is self-help eviction?Answer: A landlord's removal of a tenant without beginning legal proceedings.

Based on the Wikipedia article Landlord–tenant law, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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