• S2. Ep. 11: Leaseholds

  • Oct 14 2024
  • Length: 12 mins
  • Podcast
  • Summary

  • Explores the relationship between landlords and tenants, outlining various legal principles and concepts that govern their interactions. Begins by outlining the legal nature of a lease as both a contract and a conveyance of property interest. Elaborates on the different categories of tenancies, highlighting the distinctions between commercial and residential tenancies, and examines the numerous state and federal regulations that govern landlord-tenant relations.

    Looking into the complexities of occupancy, covering topics such as the tenant's right to receive visitors and the landlord's right to control occupancy, as well as the tenant's duties not to commit waste or cause a nuisance. It also delves into the tricky issue of domestic violence and the landlord's potential liability in such circumstances.

    A significant portion will focus various legal issues that arise when a tenant breaches a lease, including the landlord's right to recover possession, the landlord's duty to mitigate damages, the role of security deposits, and the nuances of subletting and assignment. Further discussing tenant's rights to quiet enjoyment and habitable premises, discussing the covenant of quiet enjoyment, constructive eviction, the implied warranty of habitability, and the landlord's tort liability to tenants. Concluding with a discussion of the controversial topic of minimum standards in landlord-tenant relations, exploring the competing rights-based and economic arguments that are involved in this ongoing debate.

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