Property and Landlord-Tenant Law
Property concepts
Property comprises real property (land and fixtures) and personal property (tangible and intangible). Interests may be freehold (fee simple, life estate) or leasehold. Ownership can be held concurrently (joint tenancy with right of survivorship; tenancy in common without). Easements grant use rights over another's land; covenants restrict use; mortgages secure loans. Adverse possession may transfer title after open, notorious, exclusive, continuous possession for a statutory period. Recording statutes determine priority between purchasers.
Landlord-tenant
A lease conveys a leasehold estate in exchange for rent. The landlord owes quiet enjoyment, habitability (residential), and maintenance of common areas; the tenant owes rent, care of the premises, and compliance with lawful rules. Security deposits are regulated and often must be returned with an itemized statement. Eviction requires proper notice and court process; self-help eviction is generally unlawful. Assignment transfers the whole interest; subletting transfers part. Retaliatory eviction and discrimination are prohibited.
Traps
- Confusing joint tenancy (survivorship) with tenancy in common (no survivorship).
- Treating a lease as a mere contract; it is also an estate in land.
- Assuming landlords may change locks for nonpayment; eviction requires legal process.
- Mixing assignment and sublease.
- Forgetting that fixtures may pass with the land.
Rule of thumb
Identify the estate first (freehold or leasehold), then the rights and obligations attached, then the remedy.
Worked example
A tenant withholds rent because the heating fails. The landlord's breach of habitability may excuse rent or permit repair-and-deduct, but the tenant must follow statutory notice procedures; unilateral withholding without notice may support eviction.