landlord and tenant

landlord and tenant
Parties to the leasing of real estate, whose relationship is bound by contract.

The landlord, or lessor, is the owner; the tenant, or lessee, supplies payment in order to enjoy possession and use of the property for a specified period. Important forms of tenancy include tenancy for a fixed period, periodic (seasonal) tenancy, tenancy at will, and holdover tenancy (whereby a tenant remains after the contract has ended). See also real and personal property, rent.

* * *

also called  Lessor And Lessee,  

      the parties to the leasing of real estate, whose relationship is bound by contract. The landlord, or lessor, as owner or possessor of a property—whether corporeal, such as lands or buildings, or incorporeal, such as rights of common or of way—agrees through a lease, an agreement for a lease, or other instrument to allow another person, the tenant, or lessee, to enjoy the exclusive possession and use of the property for a specified period, usually upon payment of a rent. Generally speaking, any person may grant or take a lease, though there are several common-law and statutory qualifications and exceptions (notably with regard to minors, aliens, felons, the legally insane, et al.). Also, generally speaking, any owner of an interest in property may grant a valid tenancy for any estate equal to or less than his own; thus, a person who has merely a tenancy himself may grant a subtenancy for any period equal to or shorter than his own tenancy.

      The principal forms of tenancy are as follows: (1) A “lease for a fixed period” may be granted for any certain period, whether as short as a week or less or for as long as several hundred years. Tenancies for a fixed period end automatically with the expiration of the period. (2) A “periodic tenancy”—granted yearly, quarterly, monthly, weekly, or for some other period—continues indefinitely until ended by a notice to quit given by either landlord or tenant. A certain required period of prior notice is governed by law and mutual consent. (3) A “tenancy at will” endures at the will of both landlord and tenant. Such tenancies are comparatively rare but are sometimes used to meet temporary necessities. If no rent is agreed upon, the landlord is entitled to compensation for use and occupation. (4) A “tenancy in sufferance” is one in which a tenant came into possession by a lawful means but “holds over,” or remains in occupation, after his estate is ended; the tenant is considered a “tenant at sufferance” and not a trespasser. A tenancy in sufferance, like a tenancy at will, is readily converted into a periodic tenancy; and the tenant is similarly liable to pay compensation for use and occupation. Under certain circumstances, he may be subject to penalties, such as double rent.

      A lease or tenancy may come to an end by expiration of the fixed term for which it was granted, by expiration of notice to quit, or by forfeiture. It is usual to insert in a lease an express provision for forfeiture of the lease if the tenant fails to pay the rent or breaks any of his covenants. If a right of forfeiture arises, it lies with the landlord to decide whether or not to enforce it. In most cases, he is required to serve on the tenant a notice specifying the breach, requiring it to be remedied, if possible, and requiring compensation, if desired. The ancient remedy of distress whereby the landlord might enter, seize, and retain personal property in the possession of the tenant until arrears of rent were paid is still available in some jurisdictions, though in a considerable number it has been abolished, leaving only the ordinary legal processes for the collection of a debt and the summary procedure for ejection of the tenant.

* * *

Universalium. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • landlord and tenant — The area of law concerning renting and leasing residential or commercial property and the rights of both the owner and the renter or lessee. Category: Real Estate & Rental Property → Renters & Tenants Rights Nolo’s Plain English Law Dictionary.… …   Law dictionary

  • landlord and tenant — The parties to a lease The landlord grants the lease to the tenant. The landlord may be the freehold owner of the land or may be a tenant of a superior landlord (see head lease). The law of landlord and tenant is that governing the creation,… …   Big dictionary of business and management

  • Landlord and tenant law (England und Wales) — Landlord and tenant law bezeichnet im Recht von England und Wales ein Rechtsgebiet, das Zustandekommen einer lease (auch tenancy) sowie Rechte und Pflichte von landlord und tenant regelt. Es entspricht wirtschaftlich (nicht juristisch) etwa dem… …   Deutsch Wikipedia

  • Landlord and tenant law — bezeichnet: Landlord and tenant law (England und Wales) Landlord and tenant law (Vereinigte Staaten) Siehe auch Immobiliarmiete Diese Seite ist eine Begriffsklärung zur Unt …   Deutsch Wikipedia

  • Landlord and Tenant Acts — In the United Kingdom, there are various Acts of Parliament relating to the law of leases between landlords and also*Landlord and Tenant Act 1954 *Uniform Residential Landlord And Tenant ActExternal links*UK SLD|1516373|the Landlord… …   Wikipedia

  • Landlord and Tenant Law Amendment (Ireland) Act 1860 — The Landlord and Tenant Law Amendment (Ireland) Act 1860, better known as Deasy s Act, was an Act of Parliament preceding the agrarian unrest in Ireland in the 1880s, the Land War . The Act was named after its promoter Rickard Deasy, the Attorney …   Wikipedia

  • Landlord and Tenant Act 1954 — The Landlord and Tenant Act 1954 (2 3 Eliz. 2 c. 56) is an act of the United Kingdom Parliament extending to England and Wales. Part II of the act is a statutory code governing business tenancies. Part I of the act, which deals with the… …   Wikipedia

  • Landlord and Tenant (Rent Control) Act 1949 — The Landlord and Tenant (Rent Control) Act 1949 (12, 13 14 Geo. VI c. 40) was an Act of Parliament in the United Kingdom, intended to control excessive rents being charged by landlords. It extended the provisions of the Furnished Houses (Rent… …   Wikipedia

  • Uniform Residential Landlord and Tenant Act — The sample law governing residential landlord and tenant interactions, created in 1972 by the National Conference of Commissioners on Uniform State Laws.Many states have since then adopted all or part of this Act.External links*… …   Wikipedia

  • the landlord and tenant law — law which guarantees the rights and privileges of the tenants …   English contemporary dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”