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Case Citations [i] (Spring 2026)

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                           THE AMERICAN


                             LAW INSTITUTE



                                   Spring 2026 Citations



      PROPERTY 2D LANDLORD AND TENANT



           PART  I. CREATION   OF THE  LANDLORD-TENANT RELATIONSHIP

    CHAPTER   1. NATURE   AND  DURATION OF LANDLORD-TENANT RELATIONSHIP

§ 1.5 Periodic Tenancy

Mich.2025. Quot. in conc. op., com. (i) quot. in ftn. to conc. op. Landlord initiated eviction proceedings
against tenant who lived in a townhome for 14 years under a series of one-year leases. The trial court
rejected tenant's affirmative defense that landlord sought to evict her in violation of the retaliatory-
eviction statute primarily as retribution after she helped form a tenant's union, finding that the statute
was inapplicable because the parties had a fixed-term lease that had expired before landlord initiated the
eviction proceedings, rather than a periodic or month-to-month tenancy. After the court of appeals
affirmed, this court reversed and remanded for further proceedings. In highlighting the issues that
necessitated further consideration on remand, the concurring opinion explained that the lease did not
self-terminate and could, under Restatement Second of Property: Landlord and Tenant § 1.5, provide for
a combination tenancy that started out as a fixed-term lease and later became a periodic lease upon
landlord's failure to renew the fixed term, under which the retaliatory-eviction statute could be
applicable. Prudential Properties v. Anderson, 25 N.W.3d 692, 694.



                    PART  IV. LANDLORD'S RIGHTS AND REMEDIES

  CHAPTER 12.   TENANT'S   OBLIGATIONS THAT INHERE IN THE LANDLORD-TENANT
                                    RELATIONSHIP

§ 12.2 Tenant's Rights and Obligations As to Changes in the Physical Condition of the Leased
Property

Mass.2025. Com. (d) and illus. 2 quot. in sup. Former tenants filed a proposed class action against
owner and manager of tenants' apartments, alleging that defendants violated Massachusetts' security
deposit statute by routinely deducting charges for reasonable wear and tear from plaintiffs' security

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