Legal Definitions - landlord–tenant relationship

The landlord–tenant relationship is a legal arrangement that forms when a property owner (the landlord) allows another person (the tenant) to occupy and use their real estate in exchange for payment, typically rent. This relationship is fundamentally contractual, established by an agreement—most commonly a lease—which outlines the terms, duration, and responsibilities of both parties.

It involves the transfer of temporary possession and control of the property to the tenant, while the landlord retains ultimate ownership rights and the right to regain possession at the end of the agreement. Key elements include the landlord's permission for occupancy, the tenant's acknowledgment of the landlord's superior title, and an express or implied contract governing the terms.

• Example 1: Residential Apartment Rental
  A recent college graduate, Sarah, signs a one-year lease agreement to rent a two-bedroom apartment from a property management company. She agrees to pay a set amount of rent each month and abide by the community rules. The property management company, acting on behalf of the owner, provides Sarah with the keys and access to the apartment.

  This illustrates the landlord–tenant relationship because the property management company (landlord) grants Sarah (tenant) temporary possession and control of the apartment for a specific period (one year) in exchange for rent, all formalized by a written lease contract. The company retains ownership, but Sarah has the right to occupy.

• Example 2: Commercial Office Space Lease
  A startup technology company, "InnovateTech," enters into a five-year commercial lease with a building owner to occupy an entire floor of an office building. The lease specifies the monthly rent, maintenance responsibilities, and permitted uses of the space. InnovateTech then moves its employees and equipment into the leased floor.

  Here, the building owner is the landlord, and InnovateTech is the tenant. Their relationship is established by the commercial lease, which is a contract transferring possession and control of the office space for business operations over five years. The building owner maintains ownership but grants the company the right to use the premises.

• Example 3: Month-to-Month Room Rental
  David agrees verbally with his friend, Maria, to rent a spare room in her house on a month-to-month basis. He pays her a fixed amount on the first of each month, and Maria allows him full use of the room and shared common areas. There is no formal written lease, but both understand the terms of the arrangement.

  Even without a written contract, this situation creates a landlord–tenant relationship. Maria is the landlord, and David is the tenant. Their verbal agreement, the payment of rent, and Maria's permission for David to occupy the room establish the contractual basis and the transfer of temporary possession, with Maria retaining ultimate ownership of the house.