MBE Rules · Real Property
Landlord — duty to deliver possession
The rule
Under the English (majority) rule, the landlord must deliver actual physical possession of the premises to the tenant on the first day of the lease term; if a holdover or other occupant prevents entry, the tenant may terminate or sue for damages. Under the American (minority) rule, the landlord need only deliver legal right to possession, leaving eviction of the holdover to the tenant.
In plain English
Two competing rules on who must remove a lingering tenant from the space before the new tenant moves in. English rule (most states, and Restatement) puts the burden on the landlord.
The trap
Do not confuse with quiet enjoyment — this rule governs day one of the lease.
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