Landlord Delivery of Possession Forum

[CalBar3Day]

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]

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]

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]

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]

yes they did. brains is running on fumes right now

[CalBar3Day]

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.