Landlord and Tenant

Landlord and Tenant, in the law of real property, the relationship between two parties created by a lease. The lease is a contract under which one party, called landlord or lessor, who has superior title to the property, grants possession and use of the property for a limited term to the other party, who is called tenant or lessee. The landlord need not be the actual owner of the property, but may be a lessee granting a sublease to another tenant and keeping the right to reassume possession of the property either at the end of a specified period or sooner if the subtenant breaches a condition of the lease, such as by failure to pay rent.

The relationship between landlord and tenant created by the lease agreement had its origin in the feudal system of land tenure, under which all freehold lands, including fees, were held by a superior lord. All landholdings formed a chain of vassalships with ownership descending from the monarch through an overlord to a vassal. This practice, known as subinfeudation, was abolished in England by the Statute Qula Emptores (1290). The modern landlord-tenant relationship developed from statutes and laws, judicial decisions, and contractual arrangements.

The relationship of landlord and tenant endures for the term of possession granted by the lease agreement; it may be for a fixed period of time or at the pleasure of the parties. When the tenant remains in possession of the property beyond the date fixed by the lease, or after the landlord's notice to quit the property, the relationship may continue at the landlord's option (See also Eviction). In the U.S. each state enacts its own lease statutes.

The lease agreement involves certain obligations by both parties. The lease generally provides protection for the tenant from disturbance by the landlord or other tenants. The landlord usually pays any taxes, assessments, and interest on mortgages on the property. In most states, landlords must comply with a warranty of habitability that requires them to maintain decent, safe, and sanitary dwellings. If the landlord fails to comply, tenants may seek rent abatements that reflect the diminished value of the premises. For their part, tenants must use the premises only as specified in the lease; exercise reasonable care of the owner's property; and pay rent as agreed in the contract. The lease provides for the amount of money to be paid.

Many state and local governments from time to time enact laws controlling rents that may be charged for residential property, as well as laws restricting the right of landlords to evict tenants for other than good cause, to convert the rental unit to condominium or cooperative ownership, or to demolish it. Such laws are challenged by landlords and defended by tenants.