Key Takeaways
- Landlords CANNOT use self-help eviction (changing locks, removing property); must use legal process
- Tenant must VACATE to claim constructive eviction; cannot stay and withhold all rent
- Commercial holdovers bound to year-to-year if original term ≥ 1 year; residential = month-to-month
- Assignment = entire remaining term (privity of estate with LL); Sublease = less than entire (no privity)
- Rule in Dumpor's Case: consent to one transfer waives covenant for future transfers
Landlord-Tenant Law
A lease creates both a conveyance (transferring possessory interest) and a contract (creating mutual obligations). Modern landlord-tenant law has evolved significantly from common law, particularly for residential tenancies.
Types of Tenancies
1. Tenancy for Years (Term of Years)
A tenancy for years has a definite beginning and end date.
Characteristics:
- Duration can be any fixed period (1 day to 99 years)
- No notice required to terminate—ends automatically
- Statute of Frauds: Must be in writing if term exceeds one year
Example: "Tenant leases the premises from January 1 to December 31, 2026."
2. Periodic Tenancy
A periodic tenancy has a set beginning but continues indefinitely from period to period until proper notice is given.
Creation:
- Express agreement ("month-to-month tenancy")
- Implication from rent payment period
- Holdover tenant paying/landlord accepting rent
Termination Notice Requirements:
| Period | Common Law Notice | Modern Trend |
|---|---|---|
| Year-to-year | 6 months | Often 1-3 months by statute |
| Month-to-month | 1 month | 1 month (often 30 days) |
| Week-to-week | 1 week | 1 week |
Notice must be given before the start of the final period.
3. Tenancy at Will
A tenancy at will has no fixed duration and can be terminated by either party at any time.
Termination Events:
- Death of either party
- Waste by tenant
- Assignment attempt by tenant
- Landlord transfers property
- Most states now require reasonable notice
4. Tenancy at Sufferance (Holdover)
When a tenant wrongfully remains after their lease expires, they become a tenant at sufferance.
Landlord's Options:
- Evict the holdover tenant, OR
- Bind the tenant to a new periodic tenancy
Holdover Tenant Rules:
| Tenant Type | New Tenancy Period |
|---|---|
| Commercial (original term ≥ 1 year) | Year-to-year |
| Commercial (original term < 1 year) | Same as rent payment period |
| Residential | Generally month-to-month regardless of original term |
Increased Rent: If landlord notifies tenant before lease expiration that continued occupancy will be at higher rent, the holdover tenant is bound to the increased rent.
Exceptions to Holdover Liability:
- Tenant remains only a few hours or leaves minor personal property
- Delay is not tenant's fault (e.g., severe illness, emergency)
- Seasonal lease
Landlord's Duties
1. Duty to Deliver Possession
| Rule | Requirement |
|---|---|
| English/Majority Rule | Landlord must deliver actual possession |
| American/Minority Rule | Landlord only delivers legal right to possession |
Under the English rule, if a prior tenant holds over, the landlord breaches by failing to remove them.
2. Implied Warranty of Habitability
The implied warranty of habitability requires landlords to maintain residential premises in a condition fit for human habitation.
Applies to:
- Residential leases only
- Both patent and latent defects
- Cannot be waived by tenant
Tenant's Remedies for Breach:
- Move out and terminate the lease
- Remain and reduce/withhold rent (varies by jurisdiction)
- Repair and deduct (often limited to one month's rent)
- Sue for damages
Measure of Damages:
- Difference between value as warranted and value as received, OR
- Difference between agreed rent and fair market rent of defective premises
3. Covenant of Quiet Enjoyment
Present in every lease (express or implied). Landlord promises tenant will not be disturbed in possession.
Breach = Eviction:
- Actual eviction: Physical exclusion from premises
- Constructive eviction (requirements):
- Landlord's act or failure substantially interferes with use
- Tenant gives notice and reasonable time to cure
- Tenant vacates within reasonable time
Partial Eviction: If landlord evicts from part of premises:
- By landlord: Rent completely abated (majority view)
- By third party with paramount title: Rent abated proportionally
Tenant's Duties
1. Pay Rent
Rent is due at the end of the lease period under common law (beginning under modern practice).
2. Avoid Waste
Tenant must not commit voluntary, permissive, or ameliorative waste.
3. Repair
- Common law: Tenant had duty to make ordinary repairs
- Modern law: Landlord typically has greater repair duties in residential leases
Assignment and Sublease
Assignment
Tenant transfers entire remaining interest in the lease.
| Relationship | Privity of Estate | Privity of Contract |
|---|---|---|
| Landlord—Original Tenant | No | Yes (remains) |
| Landlord—Assignee | Yes | Only if assumed |
| Original Tenant—Assignee | No | Depends on agreement |
Sublease
Tenant transfers less than entire remaining interest (retains a reversion).
| Relationship | Privity of Estate | Privity of Contract |
|---|---|---|
| Landlord—Original Tenant | Yes | Yes |
| Landlord—Subtenant | No | No |
| Original Tenant—Subtenant | Yes | Yes |
Landlord Consent Clauses
- Silent consent clause: Majority says landlord can withhold consent for any reason
- Reasonableness standard: Minority/modern trend requires reasonable basis to deny
Landlord's Remedies for Tenant Breach
If Tenant Fails to Pay Rent
- Sue for rent as it becomes due
- Evict through legal process
If Tenant Abandons
| Approach | Effect |
|---|---|
| Accept surrender | Lease terminated; no further rent due |
| Re-let on tenant's behalf | Tenant liable for deficiency |
| Leave vacant | Many jurisdictions now require mitigation |
Duty to Mitigate: Modern majority requires landlord to make reasonable efforts to re-let.
Prohibited Landlord Actions
Self-Help Eviction (PROHIBITED)
A landlord cannot use self-help to evict a tenant, even for nonpayment. Prohibited actions include:
- Changing locks
- Removing tenant's belongings
- Shutting off utilities
- Physical removal of tenant
Remedy: Landlord must use legal process (unlawful detainer/eviction action). Self-help may result in:
- Tenant recovering possession
- Damages (actual, punitive in some jurisdictions)
- Criminal liability in some states
Retaliatory Eviction (PROHIBITED)
Landlord cannot evict or raise rent in retaliation for tenant:
- Reporting code violations to authorities
- Organizing or joining a tenant union
- Exercising any legal right
Presumption: Many statutes presume retaliation if adverse action occurs within 90-180 days of protected activity.
Security Deposits
| Rule | Requirement |
|---|---|
| Amount limits | Many states limit to 1-2 months' rent |
| Permissible deductions | Unpaid rent, damage beyond normal wear |
| Return deadline | Typically 14-30 days after lease ends |
| Itemization | Must provide written itemization of deductions |
| Interest | Some jurisdictions require interest on deposits |
Improper withholding: Landlord may owe statutory penalties (often 2-3x deposit).
Rule in Dumpor's Case
Once a landlord consents to one assignment or sublease, the covenant against transfer is waived for all future transfers, unless landlord expressly reserves the right to consent to future transfers.
Example: Lease prohibits assignment without consent. Landlord consents to assignment to A. A later assigns to B without consent. Under Dumpor's Case, the assignment to B is valid because the covenant was waived when landlord consented to the first assignment.
Limitations:
- Does NOT apply to subleases (only assignments)
- Does NOT apply if landlord expressly reserves right for future transfers
Effect of Death on Lease
| Situation | Effect |
|---|---|
| Death of tenant (tenancy for years) | Lease continues; passes through tenant's estate |
| Death of tenant (tenancy at will) | Tenancy terminates |
| Death of landlord | Lease generally continues with landlord's successor |
| Landlord held only life estate | Lease terminates upon landlord's death |
Sale of Property by Landlord
- Sale does NOT terminate existing lease
- Buyer "steps into landlord's shoes" and is bound by lease covenants
- Tenant must be given reasonable notice of new owner
- Tenant pays rent to new landlord after notice
- No tenant consent required for landlord's sale
- Original landlord remains liable unless expressly released (novation)
Landlord's Tort Liability
Common Law: Landlord had no duty to make premises safe after tenant took possession.
Modern Exceptions (Landlord IS liable):
| Exception | Landlord's Duty |
|---|---|
| Latent defects | Disclose known dangerous conditions tenant can't discover |
| Common areas | Reasonable care in halls, stairs, lobbies, parking |
| Public use | Inspect/repair if premises open to public |
| Short-term furnished | Maintain in safe condition |
| Negligent repairs | Liable if repairs made negligently |
| Covenant to repair | Liable for injuries from breach of repair promise |
| General negligence (modern trend) | Some courts: ordinary duty of care to all tenants |
Landlord leases an apartment to Tenant for two years. One year into the lease, Tenant transfers all of her remaining interest to Assignee. Assignee stops paying rent after three months. Against whom may Landlord recover the unpaid rent?
Tenant rents an apartment. After moving in, Tenant discovers the heating system is broken and the apartment is dangerously cold in winter. Tenant notifies Landlord, who fails to repair it for two months. Which remedy is NOT available to Tenant?
Tenant has a month-to-month tenancy beginning on the 1st of each month. On October 15, Landlord gives Tenant written notice to vacate. When must Tenant leave?
Landlord leased commercial property to Tenant for 5 years. With Landlord's consent, Tenant assigned the entire lease to Assignee-1. One year later, Assignee-1 transferred the remaining lease term to Assignee-2, who stopped paying rent. Landlord sues Assignee-1 for the unpaid rent. Will Landlord prevail?
Tenant leased an apartment from Landlord. Six months into the lease, the building's only elevator broke down, making access to Tenant's 8th floor unit extremely difficult. Tenant notified Landlord and waited two months, but Landlord made no repairs. Tenant continued living in the apartment but withheld rent, claiming constructive eviction. In Landlord's action for unpaid rent, who will prevail?
Tenant leased a commercial storefront for a 3-year term at $2,000 per month. Before the lease expired, Landlord sent Tenant written notice stating that if Tenant remained after the lease expired, rent would increase to $3,000 per month. Tenant did not respond but remained in possession for two additional months after the lease expired. Landlord accepted Tenant's $2,000 monthly payments during this period. In Landlord's action to recover the additional $1,000 per month, who will prevail?