This lesson in landlord-tenant law addresses the periodic tenancy, also known as the periodic estate. Topics include creation of the periodic tenancy by express agreement, creation by implication, and termination of the periodic tenancy by notice. Hybrid transactions, which combine elements of the periodic tenancy and the term of years, are also considered. A sample essay exam question is included.
This lesson in landlord-tenant law addresses the tenancy at will, also known as the estate at will. Topics include creation of the tenancy at will by express agreement, creation by implication, and termination of the tenancy at will by notice. Hybrid transactions in which one or both parties relinquish or modify their right to terminate at any moment are also considered.
This lesson in landlord-tenant law addresses the tenancy at sufferance, also known as the estate at sufferance. This subject is also known as the law of holdover tenants. Topics include creation of the tenancy at sufferance by implied and express agreement, the landlord's election to treat the tenant at sufferance as a trespasser or as a tenant under a new lease, and the liability of the tenant at sufferance for rent and other obligations. Eviction rules and procedures are not covered in detail in this lesson.
This lesson in landlord-tenant law addresses the covenant of quiet enjoyment. Topics include use of an express covenant of quiet enjoyment, including variations in wording; implication of the covenant; the scope of the covenant (protection against the landlord; persons claiming through the landlord; and paramount titleholders), actual eviction; and remedies for breach of quiet enjoyment.
This lesson examines the duty of the landlord to deliver possession of the leased premises to the tenant. Courts have split as to whether the landlord has an implied duty to deliver actual physical possession of the property. Express lease provisions that bear on the delivery of possession are also considered. There is also a short discussion of a related topic: covenants of title in leases.
The lesson in landlord-tenant law addresses the doctrine of constructive eviction. It is assumed that you have a good understanding of the covenant of quiet enjoyment, which is a predicate for the doctrine of constructive eviction. Before doing this lesson, you should study the separate lesson named "Landlord and Tenant: Quiet Enjoyment," unless you are sure that you have a firm grip on the covenant of quiet enjoyment, actual evictions, and remedies for breach of quiet enjoyment.
Riparianism is the system of water law used in most eastern states in the United States to govern property rights in water. This lesson provides a review of the basic concepts of the doctrine of riparianism for students in Water Law or Property classes. It covers both common law riparianism and regulated riparianism.
This lesson provides a review of the five major doctrines that states have employed to decide who has what rights in ground water.
This lesson provides a review of the doctrine of prior appropriation, the water law system that dominates in the western part of the United States.
This lesson provides a review of federal reserved rights for students who have covered that doctrine in a Water Law, Natural Resources Law, or Advanced Property course.
While most of the states in the country choose between the water law doctrines of prior appropriation and riparian rights, California applies both. This approach to state water law is called, appropriately, the California system.
This lesson introduces students to one of the constitutional issues that can arise as a result of environmental and natural resources regulation: regulatory takings under the Fifth Amendment to the U.S. Constitution. It begins by giving students an overview of regulatory taking claims, their distinction from physical takings of private property, and some of the rules that apply in evaluating whether a regulatory taking has occurred.