Landlord Tenant Law And Equity

Landlord Tenant Law and Equity By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar At the Traditional Common Law, very early on, the Fee Simple Absolute was a Tenurial Estate, where typically, the Lord (Landlord) held of the King, and, a Tenancy was considered a Non-freehold Estate.

Equity refused to intervene on behalf of Tenants

because the first Tenants were actually greedy money lenders charging usurious interest in a fake Landlord-Tenant relationship where low rent was the equivalent of charging outrageously high interest. At the Modern Common Law, the Fee Simple Absolute is a Freehold Estate, with no tenurial relationship. The Leasehold Estate is an Equitable Use for a Term or for a Periodic Tenancy. Thus, the Landlord Tenant relationship is one where the Landlord holds a Fee Simple Absolute subject to an Equitable Use in the Tenant for a Term or for an automatically renewing period. Thus, Equity can now intervene on behalf of Tenants against greedy, unjust Landlords.