Business Law with UCC
Applications,13e
Real Property and
Landlord and Tenant Law
Chapter 30
McGrawHill/Irwin
Copyright © 2013 by The McGrawHill Companies, Inc. All rights reserved.
Learning Objectives
1. Explain what constitutes real property.
2. Differentiate between freehold and
leasehold estates.
3. Describe the different types of coownership of real property.
4. Identify the methods of acquiring title to
real property.
5. Explain eminent domain.
302
Learning Objectives (cont.)
6. List the five elements necessary to create a
landlord–tenant relationship.
7. Identify the essential requirements of a
lease.
8. Clarify rent control and security deposits.
9. Make clear the duties of landlords and
tenants.
10. Discuss tort liability as it applies to
landlords and tenants.
303
Real Property and
Landlord and Tenant Law
• The Rights Related to Real Property
– Trees and Vegetation
– Air Rights,
– Subterranean Rights, and Water Rights
– Fixtures and Easements
304
Real Property and
Landlord and Tenant Law
• Estates in and Co-Ownership of Real
Property
– The Law of Estates
– The Law of Co-Ownership
305
Real Property and
Landlord and Tenant Law
• The Law of Estates
– Estates in Fee Simple
– Life Estates
306
Real Property and
Landlord and Tenant Law
• The Law of Co-Ownership
– Tenancy in Common
– Joint Tenancy
– Community Property
– Tenancy by the Entirety
307
Real Property and
Landlord and Tenant Law
• Acquiring Title to and Managing Real
Property
– Title to Real Property
– Governmental Management of Real Property
308
Real Property and
Landlord and Tenant Law
• Title to Real Property
– Title by Sale or Gift
– Title by Will or Descent
– Title by Adverse Possession
309
Real Property and
Landlord and Tenant Law
• Governmental Management of Real
Property
– Zoning Laws
– Eminent Domain
3010
Real Property and
Landlord and Tenant Law
• The Landlord–Tenant Relationship
– Leasing versus Other Relationships
– Types of Leasehold Interests
– The Lease Agreement
3011
Real Property and
Landlord and Tenant Law
• Leasing versus Other Relationships
– Leasing Compared with Licensing
– Leasing Compared with Lodging
3012
Real Property and
Landlord and Tenant Law
• Types of Leasehold Interests
– Tenancy at Will
– Tenancy for Years
– Periodic Tenancy
– Tenancy at Sufferance
3013
Real Property and
Landlord and Tenant Law
• The Lease Agreement
– Rent Control
– Security Deposits
– Option to Renew or to Purchase
– Assignment and Subletting
3014
Real Property and
Landlord and Tenant Law
• Duties of the Landlord and the Tenant
– The Landlord’s Duties
– The Tenant’s Duties
– Tort Liability
– Eviction Proceedings
3015
Real Property and
Landlord and Tenant Law
• The Landlord’s Duties
– Duty to Refrain from Discrimination
– Duty to Maintain the Premises
– Duty to Deliver Peaceful Possession
3016