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 Hawaii, 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 leasing process, including the execution of lease agreements, security deposits, rent, maintenance of the premises, and the eviction process. Residential leases allow tenants to use the property for living purposes, while commercial leases pertain to business use, such as offices or retail spaces. The lease agreement, which is typically in written form, specifies the terms of the lease, including the duration, rent amount, and conditions of use. Hawaii's Residential Landlord-Tenant Code specifically addresses residential leases, providing detailed regulations to ensure fair practices and habitable living conditions. It is important for both landlords and tenants to understand their legal obligations under the lease and state law to maintain a compliant and functional landlord-tenant relationship. For issues related to personal property leases, different statutes and legal principles apply, as the parties are designated as lessor and lessee rather than landlord and tenant.