American Rule/English Rule

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RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

American Rule/English Rule

Postby RR320 » Tue May 08, 2012 6:18 pm

Two questions:

1. If LL leases apt to tenant and tenant gets there and the old tenant is still living there, is that a violation of both the american and english rule or just the english rule? I understand that english is that LL has to deliver actual possession and legal possession and under the american rule LL just has to deliver legal possession and if old tenant is still there new tenant has to evict, but what exactly constitutes as "legal possession?"

2. If a lease said rent due is $24,000 per year payable at $2,000 per month, that creates a periodic tenancy and not a term of years, right?

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Ludo!
Posts: 4764
Joined: Wed Nov 09, 2011 1:22 pm

Re: American Rule/English Rule

Postby Ludo! » Tue May 08, 2012 6:25 pm

RR320 wrote:Two questions:

1. If LL leases apt to tenant and tenant gets there and the old tenant is still living there, is that a violation of both the american and english rule or just the english rule? I understand that english is that LL has to deliver actual possession and legal possession and under the american rule LL just has to deliver legal possession and if old tenant is still there new tenant has to evict, but what exactly constitutes as "legal possession?"

2. If a lease said rent due is $24,000 per year payable at $2,000 per month, that creates a periodic tenancy and not a term of years, right?


First question - legal possession just means they sign the lease and you have a legal right to move in. Actual possession means no other fucks can be in your apartment when you get there. If you show up to move in and a dude is still living there - under American rule you're obligated to evict him yourself. Under English rule the landlord is obligated to kick him out and you can terminate the lease

Don't know about your other question, sorry

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Detrox
Posts: 411
Joined: Fri Aug 19, 2011 3:58 pm

Re: American Rule/English Rule

Postby Detrox » Tue May 08, 2012 7:18 pm

No idea about your first one, but as to 2, yes that should create a periodic tenancy. A term of years has an explicit set length of time for the lease.




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