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Unformatted text preview: Property Outline Monday, February 21, 2011 9:38 AM Delivery of Possession A LL has the duty to convey to the T the legal right to take possession of the premises for the term. A bigger issue is whether the lessor must deliver actual possession. Suppose that LL and T have entered into a lease to begin on the first of January. On that date, T arrives at the premises, ready to take possession, only to find a former T holding over. Is this LL's problem or T's? o See HANNA v. DUSCH Facts: Hannan (P) leased land from Dusch (D). When lease began, the prior tenant did not vacate the land. P stated that D must actually deliver actual possession and he should evict the holdover tenant. LL states, however, that his only duty is to deliver the right of possession. Issue: Does LL have to deliver actual possession? Is it LL's duty to evict holdover T? Holding: No. LL only needs to provide land for T. Not his job to evict. ( American Rule ) Rule: English rule - implies a covenant requiring the lessor to put the lessee in possession o However, under this rule, the trespassor is liable, not the landlord American Rule - recognizes the lessee's legal right to possession, but implies no such duty upon the lessor as against wrongdoers, are irreconcilable. o Problems - p. 442 Subleases and Assignments Assignment - is a transfer of the whole of the unexpired term of the lease o The new T steps into the shoes of the old T o T1 grants T1's interest in lease to T2 o T2 becomes directly and primarily liable to L Concept: T2 steps into T1's shoes o In an assignment, the privity of estate is transferrred, but privity of K remains Sublease - a partial transfer of less than the full remaining term of the lease (subletting) o If the original T retains any interest, it is considered a sublease o Creates a wholly new and distinct L L-T relationship between the sublessor and the sublessee. o The head T remains liable for rent to the LL. If LL cancels lease to original T, then all, if any, assignments and subleases that follow will cancel....
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This note was uploaded on 03/02/2011 for the course PROPERTY 102 taught by Professor Long during the Spring '11 term at Florida Coastal School of Law.
- Spring '11