Also known as: landlord-tenant · landlord/tenant · landlord-tenant law
Written by attorneys · grounded in primary & secondary sources — see below
A legal relationship created when one party transfers the right to exclusive possession of real property to another for a duration that may be fixed, periodic, at will, or tied to an event. The relationship requires the parties to have legal capacity and the space to have a fixed location throughout the term.
Lorenzo Lugo leased a warehouse to Lily Lopez for exactly three years at a set monthly rent. Lopez took possession and began storing inventory. When the three-year term ended, the relationship terminated automatically without further action by either party.
Lance Lee rented an apartment to Logan Lane on a month-to-month basis. Lane paid rent each month and occupied the unit. When Lee gave proper notice at the end of a month, the tenancy ended and Lane vacated.
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Linden Logistics allowed Layla Lane to occupy a storage unit under an agreement that either party could end the arrangement at any time. Lane used the unit for several months. When Linden Logistics notified Lane that it no longer wished to continue, the relationship terminated immediately.
Loyal Insurance leased office space to Lillian Locke for use only while a particular construction project continued. When the project concluded, the lease terminated even though the calendar date had not arrived. Locke vacated the premises as required.
Lexicon Media agreed with Linden Bank that the bank could occupy a retail space once construction of the building was complete. When the certificate of occupancy was issued, the landlord-tenant relationship began and rent became due.
Lorenzo Lugo leased a fenced storage yard with a permanent address to Lily Lopez for equipment storage. Lopez placed heavy machinery on the site and paid rent monthly. The fixed boundaries of the yard remained constant throughout the tenancy.
The relationship requires a transfer of the right to exclusive possession of the leased property for a duration that satisfies one of the recognized categories. A license grants only a privilege to use the property without transferring possession.
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A tenancy at will continues only so long as both parties desire it and ends when either gives notice. A periodic tenancy continues for successive periods until one party gives the required notice to terminate at the end of a period.
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Yes. The relationship may be made to commence upon the occurrence of an event or may be terminable when a specified event occurs.
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Yes. The landlord-tenant relationship creates a special relationship that imposes a duty on the landlord to take reasonable steps to protect tenants from foreseeable harm by others in areas under the landlord's control.
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The claim is barred as a compulsory counterclaim if it arises from the same lease transaction or occurrence as the landlord's earlier suit.
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…of his land cannot be so easily manipulated. [^maj-18]: We also decline to hazard an opinion as to the respective rights of the landlord and tenant under state law prior to enactment of § 828 to use the space occupied by the cable installation, an issue over which the parties sharply disagree. [^maj-19]: If § 828 required landlords…