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 New York, the landlord-tenant relationship is governed by a combination of state statutes, local laws, and the lease agreement entered into by the parties. The New York Real Property Law and the Real Property Actions and Proceedings Law are two key state statutes that outline the rights and responsibilities of landlords and tenants. These laws cover various aspects of the relationship, including the terms of the lease, security deposits, rent regulation, 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 writing, specifies the duration of the lease, the amount of rent, the use of the property, and other terms agreed upon by the landlord and tenant. It is important for both parties to understand their legal rights and obligations under the lease and New York law to ensure a smooth tenancy and to address any disputes that may arise.