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
Last updated: January 2026

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:

PeriodCommon Law NoticeModern Trend
Year-to-year6 monthsOften 1-3 months by statute
Month-to-month1 month1 month (often 30 days)
Week-to-week1 week1 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:

  1. Evict the holdover tenant, OR
  2. Bind the tenant to a new periodic tenancy

Holdover Tenant Rules:

Tenant TypeNew Tenancy Period
Commercial (original term ≥ 1 year)Year-to-year
Commercial (original term < 1 year)Same as rent payment period
ResidentialGenerally 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

RuleRequirement
English/Majority RuleLandlord must deliver actual possession
American/Minority RuleLandlord 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:

  1. Move out and terminate the lease
  2. Remain and reduce/withhold rent (varies by jurisdiction)
  3. Repair and deduct (often limited to one month's rent)
  4. 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):
    1. Landlord's act or failure substantially interferes with use
    2. Tenant gives notice and reasonable time to cure
    3. 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.

RelationshipPrivity of EstatePrivity of Contract
Landlord—Original TenantNoYes (remains)
Landlord—AssigneeYesOnly if assumed
Original Tenant—AssigneeNoDepends on agreement

Sublease

Tenant transfers less than entire remaining interest (retains a reversion).

RelationshipPrivity of EstatePrivity of Contract
Landlord—Original TenantYesYes
Landlord—SubtenantNoNo
Original Tenant—SubtenantYesYes

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

ApproachEffect
Accept surrenderLease terminated; no further rent due
Re-let on tenant's behalfTenant liable for deficiency
Leave vacantMany 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

RuleRequirement
Amount limitsMany states limit to 1-2 months' rent
Permissible deductionsUnpaid rent, damage beyond normal wear
Return deadlineTypically 14-30 days after lease ends
ItemizationMust provide written itemization of deductions
InterestSome 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

SituationEffect
Death of tenant (tenancy for years)Lease continues; passes through tenant's estate
Death of tenant (tenancy at will)Tenancy terminates
Death of landlordLease generally continues with landlord's successor
Landlord held only life estateLease 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):

ExceptionLandlord's Duty
Latent defectsDisclose known dangerous conditions tenant can't discover
Common areasReasonable care in halls, stairs, lobbies, parking
Public useInspect/repair if premises open to public
Short-term furnishedMaintain in safe condition
Negligent repairsLiable if repairs made negligently
Covenant to repairLiable for injuries from breach of repair promise
General negligence (modern trend)Some courts: ordinary duty of care to all tenants
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Landlord-Tenant Law Overview
Test Your Knowledge

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?

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Test Your Knowledge

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?

A
B
C
D
Test Your Knowledge

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?

A
B
C
D
Test Your Knowledge

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?

A
B
C
D
Test Your Knowledge

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?

A
B
C
D
Test Your Knowledge

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?

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B
C
D