What is the primary duty of a landlord regarding the possession of a leased property?

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The primary duty of a landlord regarding the possession of a leased property is to deliver actual possession. This obligation means that the landlord must provide the tenant with the ability to enter and utilize the property as agreed upon in the lease agreement. The tenant has the expectation to occupy the premises free from interference by the landlord or any third party claiming superior rights.

Ensuring actual possession is critical because it forms the foundation of the landlord-tenant relationship. If a landlord fails to deliver actual possession—such as by not evicting a previous tenant or failing to provide access to the property—this can lead to legal consequences, including potential claims for damages by the tenant. The focus on actual possession underscores the importance of the tenant’s right to enjoy the leased space without disruption.

Other responsibilities that a landlord may have, such as managing rental payments, providing moving assistance, or maintaining the property, are certainly important parts of the landlord-tenant relationship, but they do not take precedence over the duty to deliver the premises to the tenant for occupancy.

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