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Real Property • Landlord-Tenant
PROP#080
Legal Definition
In most jurisdictions, the landlord must put the tenant in actual possession at the beginning of the lease term.
Plain English Explanation
When a tenant leases property, the landlord has an obligation to provide the tenant possession of that property. In other words, if someone else possesses the property, the landlord must ensure that is taken care of before the new lease starts. This is often a problem in situations where a previous tenant holds-over past their lease and begins to infringe on the new tenant's right to possess the property.
Under a majority of jurisdictions, the landlord is required to deal with the hassle of evicting the current tenant to make room for the new tenant. However, under a minority of jurisdictions, it's up to the new tenant to begin eviction proceedings.
Under a majority of jurisdictions, the landlord is required to deal with the hassle of evicting the current tenant to make room for the new tenant. However, under a minority of jurisdictions, it's up to the new tenant to begin eviction proceedings.
Hypothetical
Hypo 1: Amy rents an apartment from Bob. She signs a lease for 6 months, expiring on May 31. After 5 months, she lets Bob know she is planning on moving at the end of her lease. Knowing this, Bob looks for a new tenant. Carl agrees to rent Amy's apartment and signs a lease with Bob to move in June 1st. During the last week of May, Amy lets Bob know she changed her mind and will not be moving. On June 1st, Amy is still in the apartment. Result: Bob has broken his duty to deliver possession to Carl because Amy is still in the apartment on June 1st when Carl's lease begins. At this point, Carl can choose to rent another apartment (even if it costs more) and force Bob to pay for the difference until Bob makes his apartment available for Carl to move in.
Visual Aids
Related Concepts
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