i.When a landlord and tenant agree through a lease that the tenant may take possession of property as outlined in a lease, the landlord gives delivery of possession when he makes the property available to the tenant on the first day allowed under the lease.
1.Rules for Responsibility of Delivery of Possession
a.American Rule – there is no implies covenant given by the landlord and the tenant is responsible to evict any holdover tenants in order to gain possession
i.Advantage – one less person involved in the lawsuit as compared to English Rule
b.English Rule – a landlord makes an implies covenant to his tenant that he will deliver possession and therefore is responsible to remove any holdover tenants from the leased property
i.Advantage – new tenant doesn’t contract for a lawsuit when he signs lease