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3 Cards in this Set

  • Front
  • Back

LEASING REAL PROPERRTY - JUST NOTES




LL = Landlord


T = Tenant

Governed by a complex body of property law and contracts law




Traditionally, a leasehold was seen as an estate in land




In 1960’s courts began using contract law to redefine the LL/T relationship for residential leases



LEASING REAL PROPERRTY - JUST NOTES (CONT.)

Today most jurisdictions view the lease as a hybrid, governed by both property law and contract law




LL/T Revolution: Rights of residential T's today are much greater than 50 years ago





LEASING REAL PROPERRTY - JUST NOTES (CONT.)

Immutable rules: supersede any contrary provisions in the lease, usually in order to protect vulnerable tenants




Default rules: fill in the gaps that the parties did not address in the lease