Landlord–tenant law

Landlord–tenant law is a part of the common law that details the rights and duties of landlords and tenants. It includes elements of both real property law (specifically conveyances) and contract law.

The landlord-tenant relationship is defined by existence of a leasehold estate. Traditionally, the only obligation of the landlord in the United States was to grant the estate to the tenant, although in England and Wales, it has been clear since 1829 that a Landlord must put a tenant into possession. Modern landlord-tenant law includes a number of other rights and duties held by both landlords and tenants.

The modern interpretation of the tenant-landlord relationship has hinged on the view that leases include many elements of contract law in addition to a simple conveyancing. In American landlord-tenant law, many of these rights and duties have been codified in the Uniform Residential Landlord and Tenant Act.

Landlord–tenant law generally recognizes differences between residential and commercial leases on the assumption that residential leases present much more of a risk of unequal bargaining power than commercial leases.

Residential leases are contracts that are designed for individuals or groups to live, or reside, in the leased space. Most governmental entities have "recognized the sanctity of the home." Therefore, lessees of residential spaces are generally afforded more rights and protections than commercial leases. It is also because of the presumption of unequal bargaining power that residential spaces are afforded more protections. States, counties, and cities have different laws, and likewise, varying levels of protections for the tenants and landlords of commercial spaces.

Commercial leases are leases for spaces that are for business uses, such as industrial, office, retail, and manufacturing. Commercial leases generally have fewer consumer protections than residential leases because they are subject to much more negotiation.

The modern concept of landlord-tenant law includes duties beyond simple conveyancing of the lease:

In England and according to the Uniform Residential Landlord and Tenant Act in India, the landlord has a duty to deliver possession to the tenant at the beginning of a lease. The justification for placing this burden on the landlord is the idea that the landlord has more resources than the new tenants to pursue legal remedies against wrongful holdovers (former tenants that will not give up possession of the lease).

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