Law School podcast

Property Deep Dive Part Two: Shared and Leased Property — Cotenancy, Partition, Landlord-Tenant Law, Assignment, Habitability, and Fair Housing

11/3/2026
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🎧 EPISODE SUMMARY 🎧

Cotenants generally share possession despite unequal economic shares. Survivorship, severance, ouster, and accounting require separate analysis. Partition ends shared ownership through division or sale. Lease duration determines classification, while assignment and sublease determine privity and continuing obligations. Quiet enjoyment protects possession; habitability protects residential living conditions. Analyze mitigation, surrender, tort duties, retaliation, and fair housing under their distinct rules. The legal relationship between the parties controls the result.

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