# Landlord-Tenant Law > The general common-law leasehold types, and the shared framework behind security deposits, repairs, and eviction — before any state-specific rule is layered on. **Source:** https://www.texasreprep.com/learn/texas-real-estate/national-landlord-tenant-law **Published:** 2026-08-24 **Updated:** 2026-09-02 Texas RE PREP™ — independent practice for the Texas real estate license exam, National (Uniform) and Texas State portions. Not affiliated with, endorsed by or operated by the Texas Real Estate Commission (TREC) or Pearson VUE, who administer the actual exam. --- Landlord-tenant law has a shared common-law backbone across most states, even though the specific dollar figures, deadlines, and procedures end up different state to state. Get the general framework right first — the state-specific version usually just fills in the numbers. ## The four leasehold estates Tenancy (estate) for yearsA fixed start and end date — terminates automatically, no notice needed. Periodic tenancyRenews automatically each period (month-to-month, year-to-year) until either party gives proper notice. Tenancy at willNo fixed term at all — either party can end it at any time. Tenancy at sufferanceA holdover tenant who stays after their lease ends without the landlord's consent — possession started lawfully, unlike a trespasser's. ## Assignment vs. sublease A tenant transferring their leasehold interest can do it two different ways: Who stays in the relationship An **assignment** transfers the entire remaining interest, and the original tenant generally steps out of the landlord relationship entirely. A **sublease** keeps the original tenant in the picture, holding a reversionary interest and remaining responsible to the landlord. ## The general security deposit framework Across most states, a security deposit is generally the tenant's money held by the landlord as security against damage or unpaid rent — not the landlord's to keep by default. The general expectation is a timely return, or an itemized accounting of what was withheld and why, once the tenancy ends. The exact deadline and required format are where state law takes over. ## The general habitability duty Most states recognize an implied warranty of habitability — a baseline duty for the landlord to keep the unit livable. This generally pairs with a notice requirement on the tenant's side: give the landlord proper notice of the problem and a reasonable chance to fix it before pursuing a remedy. Skipping that notice step is a common way a tenant with a genuine complaint still loses a dispute. ## What a tenant can generally do about an unrepaired problem After giving proper notice and a reasonable chance to fix a habitability problem, a tenant in most states has a menu of possible remedies — though which ones are actually available varies significantly by state: Repair and deductThe tenant pays for the repair themselves and deducts the cost from rent — generally capped at some limit and only available for specific categories of defect. Rent withholdingRefusing to pay rent until the problem is fixed — riskier for the tenant, since it can trigger a nonpayment eviction if the tenant misjudges whether the defect actually rises to a level justifying withholding. Lease terminationEnding the lease early and moving out, generally available only for a sufficiently serious, uncured defect. ## Constructive eviction Constructive eviction is a distinct doctrine worth knowing by name: if a landlord's actions or failures (not physically removing the tenant, but something like failing to fix a severe, unit-wide habitability problem) make the unit essentially unlivable, the tenant may be able to treat this as though they were evicted — justifying lease termination without further rent obligation, even though the landlord never took a single physical eviction step. The tenant generally has to actually vacate within a reasonable time to claim constructive eviction; continuing to live in the unit after claiming it's unlivable undercuts the claim. ## Eviction is generally a court process The baseline common-law rule is that a landlord generally can't force a tenant out through self-help — physically removing a tenant or their belongings without a court order. The general path is proper notice to vacate, followed by a formal court proceeding if the tenant doesn't leave voluntarily. States vary widely in the narrow exceptions they carve into this general rule, which is exactly the kind of nuance to check against your own state's specific law. Common trap "Eviction requires a court process" is the reliable general-portion answer. Don't assume it's absolute in every state, though — some states carve out narrow, tightly-conditioned exceptions to the general rule, and that's exactly the kind of state-specific wrinkle worth checking separately. Quick Check A tenant's lease has no fixed end date, and either the tenant or the landlord can end it at any time. What kind of leasehold estate is this? A tenancy at will A tenancy for years A periodic tenancy A tenancy at sufferance No fixed term, endable by either party at any time, is the tenancy at will — a tenancy for years has a defined end date, a periodic tenancy renews on a set recurring schedule, and a tenancy at sufferance involves a holdover after a lease already ended.