Law School Property Law Lecture Five: Landlord-Tenant Law
Seven-Lecture Series on Property Law Series Roadmap
https://drive.google.com/file/d/1ceyxXw7KilPSTUMFf_Y8r6ktEzM_gm1Q/view?usp=sharing
This conversation delves into the complexities of property law, specifically focusing on the landlord-tenant relationship and leasehold estates. It covers essential topics such as the types of leasehold estates, landlord duties, tenant rights, the Fair Housing Act, and landlord tort liability. The discussion emphasizes the importance of understanding these concepts for legal exams and real-world applications, highlighting the evolving nature of housing law and the need for fairness and security in tenant protections.
Key Points Summary
I. Leasehold Estates & Property Status
Four Leasehold Types: Landlord/Tenant Law recognizes:
Term of Years: Fixed period, ends automatically.
Periodic Tenancy: Successive terms, renews until notice (e.g., 30-60 days).
Tenancy at Will: Both parties desire, no specific term, modern law often requires notice.
Tenancy at Sufferance (Holdover): Tenant remains wrongfully; landlord can evict or bind to new lease.
Lease vs. License: A lease grants possessory interest; a license is revocable permission to use, not possess.
Property Characterization: A lease is both a property conveyance and a contract. Tenant has present possession; landlord retains future possession.
II. Landlord Duties & Tenant Remedies
Duty to Deliver Possession: Landlords must deliver actual physical possession (modern English Rule, especially for residential leases).
Implied Covenant of Quiet Enjoyment (ICQE): Protects tenant from landlord's substantial interference; breach leads to actual or constructive eviction.
Implied Warranty of Habitability (IWH): (Residential only) Landlord must maintain habitable property, free of health/safety threats. Non-waivable.
IWH Remedies: Tenant can refuse/abate rent or "repair and deduct" without vacating.
III. Constructive & Self-Help Eviction
Constructive Eviction (CE): Landlord's breach substantially interferes, forcing tenant to leave. Requires:
Substantial Interference (landlord's fault).
Notice and Cure (landlord fails to fix).
Goodbye (tenant vacates reasonably quickly).
Prohibition of Self-Help: Modern law almost universally bans landlord self-help eviction, requiring judicial proceedings for public peace.
Exclusion of Non-Tenants: Self-help is often allowed against non-tenants (e.g., licensees), denying them due process.
Advocacy for Uniform Protection: Argument exists to extend self-help prohibition to all residential occupants for housing security and dignity.
IV. Transfer & Mitigation of Damages
Duty to Mitigate: Modern trend (contract law) requires landlords to make reasonable efforts to relet premises if a tenant breaches, reducing tenant's liability.
Assignment vs. Sublease:
Assignment: Transfers entire lease term. Assignee is directly liable to landlord; original tenant remains secondarily liable.
Sublease: Transfers part of the term. Sublessee has no direct relationship with landlord; original tenant remains fully liable.
- Understanding the distinction between leasehold estates and licenses is crucial.
- There are four main types of leasehold estates: term of years, periodic tenancy, tenancy at will, and tenancy at sufferance.
- Landlords have specific duties, including delivering possession and ensuring habitability.
- Constructive eviction allows tenants to leave without penalty if their enjoyment of the property is substantially interfered with.
- The implied warranty of habitability ensures that residential properties meet basic living standards.
- Landlords must mitigate damages when a tenant abandons the property.
- The Fair Housing Act prohibits discrimination based on protected classes.
- Landlords can be liable for injuries on the property under certain conditions.
- Negligence per se can establish landlord liability if safety statutes are violated.
- The legal status of tenants versus licensees significantly impacts eviction protections.