Also known as:landlord tenant relationship · landlord-tenant relationship · landlord-and-tenant relationships · landlord-tenant · L&T relationship
Written by attorneys · grounded in primary & secondary sources — see below
A legal relationship created when one party transfers the right to possession of fixed-location real property to another for a duration that may be fixed, periodic, terminable at will, or upon an event, provided both parties have legal capacity.
Sources & Authorities
How it applies
Common Examples
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Fixed Term Commercial Lease
Linden Logistics leased warehouse space to Lars Lindstrom for a five-year term beginning January 1. The parties executed a written agreement specifying the exact premises and monthly rent. When the term ended, the relationship terminated without further action by either side.
Month-to-Month Rental Arrangement
Latoya Lane agreed with Liam Larson to rent an apartment on a month-to-month basis. Lane paid rent each month and Larson accepted the payments. When Larson sent written notice one full month in advance, the relationship ended at the close of the next rental period.
Select any source to read its text and confirm it supports the definition.
Restatements
Dictionaries
Lance Lee allowed Lorenzo Lugo to occupy a storage unit with no fixed end date and no required notice period. Either party could end the arrangement at any time. When Lee notified Lugo that the unit was needed for other use, the relationship terminated immediately.
Lease Ending On Specific Event
Lamar Lewis leased farmland to Lone Peak Energy until the company completed its drilling project on adjacent land. Once drilling finished and the project concluded, the lease terminated automatically. Lewis regained possession without needing to give separate notice.
Lease Beginning On Future Event
Lattice Systems agreed to lease office space to Linden Bank once the bank obtained its regulatory charter. The charter was granted six months later. At that point the landlord-tenant relationship commenced and rent became due.
Fixed Location Requirement
Lars Lindstrom rented a designated parking spot in a garage from Linden Logistics. The spot had a permanent assigned number and boundaries. When the garage operator attempted to relocate the space without consent, the tenant successfully asserted that the relationship required a fixed location.
Common questions
Frequently Asked
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What elements must exist for a landlord-tenant relationship to arise under the Restatement?+
The landlord must transfer the right to possession of the leased property. Both parties must have legal capacity. The space must have a fixed location for the duration of the lease.
Supporting sources
How does a periodic tenancy differ from a tenancy at will?+
A periodic tenancy continues from period to period until one party gives the required notice to terminate at the end of a period. A tenancy at will may be terminated by either party at any time without reference to a rental period.
Supporting sources
When does a landlord-tenant relationship end upon the occurrence of an event?+
The relationship may be made terminable on the occurrence of an event or may commence upon the occurrence of an event. Once the event happens, the leasehold interest begins or ends automatically.
Supporting sources
Does a holdover tenant after lease expiration create a new landlord-tenant relationship?+
No. A tenant who remains after the lease term expires without the landlord's consent becomes a tenant at sufferance rather than a party to a new landlord-tenant relationship.
Supporting sources
458 U.S. 419 (1982)Property
…This Court has consistently affirmed that States have broad power to regulate housing conditions in general and the landlord-tenant relationship in particular without paying compensation for all economic injuries that such regulation entails. See, e. g. , Heart of Atlanta Motel, Inc. v. United States , 379 U. S. 241 (1964)…