A Lease is a Contract
Summary ejectment law is a complicated, confusing mishmash of modern-day consumer protection legislation, centuries-old property law, and plain old contract law, Getting in too deeply can lead to a person starting to throw around phrases like livery of seisin (a very old term from feudal England that basically required the old landowner to hand the new landowner a piece of dirt). That slip into madness is not required. While there’s nothing intuitive about livery of seisin, we’ve all understood contract law since childhood. My six-year-old son once traded his 3-year-old sister two stuffed animals for lifetime rights in “the good chair.” In the complicated world of summary ejectment law, sometimes it’s useful to remember a simple truth: a lease is a contract. So let’s think about what we all know about contracts, and then apply that knowledge to leases.“Get it in writing” is familiar consumer advice for a reason. When an oral agreement is reduced to writing, the law treats the writing as the definitive expression of what the parties agreed to and will enforce it accordingly.
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