Landlord / Tenant refers to the relationship between (1) the owner or lessor (landlord) of residential or commercial real property known as the leased premises and (2) the occupant or lessee (the tenant) of the leased premises—often a home or office building or space. This relationship is defined by the (usually written) lease agreement signed by the landlord and tenant, and the laws governing the landlord / tenant relationship—which are usually located in a state’s statutes.
A residential or commercial lease of real property (real estate) allows the tenant or lessee to use the property and the improvements on the property—generally a building structure such as a home, office, store, or warehouse, for example—for a stated purpose (such as for a residential dwelling or the operation of a hair salon) and for a fixed period of time (the term of the lease), in exchange for the payment of rent.
Personal property—including automobiles, computers, heavy equipment, machines, home appliances, and other tangible, movable goods—may also be leased, but the parties to a lease of personal property (as opposed to real property) are not referred to as landlord and tenant, but as lessor and lessee.
In Texas, the landlord-tenant relationship is governed by state statutes that outline the rights and responsibilities of both parties. These laws cover various aspects of the relationship, including but not limited to, the execution and enforcement of lease agreements, security deposits, the right to quiet enjoyment, maintenance and repair obligations, and the procedures for eviction. The Texas Property Code is the primary source of law regulating residential tenancies, while commercial tenancies are also governed by the Property Code but can be more flexible due to the nature of business leases. Lease agreements in Texas typically specify the terms of the tenancy, including the purpose of the leased premises, the duration of the lease, and the amount of rent to be paid. It is important for both landlords and tenants to understand their legal rights and obligations under the lease and Texas law. For instance, landlords must provide habitable living conditions and tenants must adhere to the agreed-upon terms of the lease. Failure to comply with these laws and lease terms can lead to legal disputes and potential court action. It is advisable for parties entering into a lease agreement to consult with an attorney to ensure that their rights are protected and that the lease complies with applicable laws.
