Landlord Delivery of Possession

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CalBar3Day

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Landlord Delivery of Possession

Postby CalBar3Day » Mon Feb 20, 2017 2:59 pm

I just looked at a couple of sources and I'm getting conflicting information as to which one is the English rule, which one is the American rule, and which one we're supposed to use for the test.

1) Actual delivery
2) Delivery of just a legal right to possess

Thanks and sorry for the last minute question!

jir92

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Posts: 155
Joined: Thu Dec 22, 2016 12:22 am

Re: Landlord Delivery of Possession

Postby jir92 » Mon Feb 20, 2017 3:10 pm

CalBar3Day wrote:I just looked at a couple of sources and I'm getting conflicting information as to which one is the English rule, which one is the American rule, and which one we're supposed to use for the test.

1) Actual delivery
2) Delivery of just a legal right to possess

Thanks and sorry for the last minute question!


English Rule = landlord must actually deliver the premises (actual delivery + new tenant right to possess) [Bar Exam Rule/majority]
American Rule = landlord must deliver legal right to possess but no duty to delivery actual possession [minority]

Think of it like an old American western where the rough and tumble cowboy has to take over his homestead from another cowboy living in his newly rented farm ranch who refuses to leave (getting desperate, but that's where I am now, lol!)

umichman

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Posts: 332
Joined: Sun Nov 03, 2013 11:56 am

Re: Landlord Delivery of Possession

Postby umichman » Mon Feb 20, 2017 3:11 pm

jir92 wrote:
CalBar3Day wrote:I just looked at a couple of sources and I'm getting conflicting information as to which one is the English rule, which one is the American rule, and which one we're supposed to use for the test.

1) Actual delivery
2) Delivery of just a legal right to possess

Thanks and sorry for the last minute question!


English Rule = landlord must actually deliver the premises (actual delivery + new tenant right to possess) [Bar Exam Rule/majority]
American Rule = landlord must deliver legal right to possess but no duty to delivery actual possession [minority]

Think of it like an old American western where the rough and tumble cowboy has to take over his homestead from another cowboy living in his newly rented farm ranch who refuses to leave (getting desperate, but that's where I am now, lol!)


Doesnt america use the English rule mostly though?

CalBar3Day

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Posts: 26
Joined: Tue May 17, 2016 6:20 am

Re: Landlord Delivery of Possession

Postby CalBar3Day » Mon Feb 20, 2017 3:21 pm

umichman wrote:
jir92 wrote:
CalBar3Day wrote:I just looked at a couple of sources and I'm getting conflicting information as to which one is the English rule, which one is the American rule, and which one we're supposed to use for the test.

1) Actual delivery
2) Delivery of just a legal right to possess

Thanks and sorry for the last minute question!


English Rule = landlord must actually deliver the premises (actual delivery + new tenant right to possess) [Bar Exam Rule/majority]
American Rule = landlord must deliver legal right to possess but no duty to delivery actual possession [minority]

Think of it like an old American western where the rough and tumble cowboy has to take over his homestead from another cowboy living in his newly rented farm ranch who refuses to leave (getting desperate, but that's where I am now, lol!)


Doesnt america use the English rule mostly though?


I think that's what jir92 is saying. That the English rule is the majority rule to be used on the exam.

umichman

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Posts: 332
Joined: Sun Nov 03, 2013 11:56 am

Re: Landlord Delivery of Possession

Postby umichman » Mon Feb 20, 2017 3:25 pm

yes they did. brains is running on fumes right now

CalBar3Day

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Posts: 26
Joined: Tue May 17, 2016 6:20 am

Re: Landlord Delivery of Possession

Postby CalBar3Day » Mon Feb 20, 2017 3:27 pm

umichman wrote:yes they did. brains is running on fumes right now


I am right there with you. Thanks to both of you for responding and good luck this week! Almost there.



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