Landlord
A landlord is the owner of property such as a farm, house, apartment, condominium, land, or real estate that is rented or leased to an individual or business, known as a tenant. The term landlord applies when a juristic person occupies this position. Alternative terms include lessor and owner. For female property owners, the term landlady may be used. In the United Kingdom, the manager of a pub, officially a licensed victualler, is also referred to as the landlord/landlady. In political economy, landlord specifically refers to someone who owns natural resources from which they derive economic rent, a form of passive income.
History
The concept of a landlord can be traced to the feudal system of manoralism, where landed estates were owned by Lords of the Manor. These lords were typically members of the lower nobility who later formed the rank of knights during the high medieval period. They held their fiefs through subinfeudation, though in some cases land was directly subject to members of higher nobility, such as the royal domain owned directly by a king, or the Holy Roman Empire's imperial villages which were directly subject to the emperor. This medieval system evolved from the villas and latifundia of the Roman Empire. In modern times, the term "landlord" refers to a property owner who charges rent to a tenant.Owner and tenant responsibilities
A rental agreement, or lease, is the contract that defines the terms of a rental arrangement. These terms include the rental price, penalties for late payments, the duration of the rental or lease, and the notice period required before either party can cancel the agreement. Generally, responsibilities are divided as follows: homeowners handle repairs and property maintenance, while tenants keep the property clean and safe.Many property owners hire property management companies to manage rental details. These companies typically advertise the property, show it to potential tenants, negotiate and prepare written leases or licence agreements, collect rent, and perform necessary repairs.
United States
In the United States, residential landlord-tenant disputes are primarily governed by state law rather than federal law, particularly regarding property and contracts. State laws, and sometimes city or county laws, establish the requirements for eviction. Generally, landlords can only evict tenants before a lease expires for specific legally valid reasons, though they can typically end the rental relationship without giving a reason when the lease term concludes.Some jurisdictions have enacted rent control or rent regulation laws that limit how much landlords can charge. There is also an implied warranty of habitability that requires landlords to maintain safe, decent, and habitable housing with basic safety features like smoke detectors and secure doors.
Most common disputes arise from either the landlord failing to provide services or the tenant failing to pay rent—with service issues sometimes leading to payment problems. As typically explained in the lease, withholding rent constitutes justifiable grounds for eviction. City ordinances can also influence rental policies, such as the increasing adoption of source-of-income anti-discrimination rules. Tenants unions can also affect housing policy through political organization.
Canada
In Canada, residential homeowner–tenant disputes are primarily governed by provincial law regarding property and contracts. Provincial law sets the requirements for eviction of a tenant. Generally, there are a limited number of reasons for which a landlord can evict a tenant. Some provinces have laws establishing the maximum rent a landlord can charge, known as rent control, or rent regulation, and related eviction. There is also an implied warranty of habitability, whereby a landlord must maintain safe, decent and habitable housing, meeting minimum safety requirements.United Kingdom
Residential rental market (tenancies)
Private sector renting is largely governed by many of the Landlord and Tenant Acts, in particular the Landlord and Tenant Act 1985 which sets bare minimum standards in tenants' rights against their landlords. Another key statute is the Housing Act 2004. Rents can be freely increased at the end of a usual six-month duration, on proper notice given to the tenant. A Possession Order under the most common type, the assured shorthold tenancy is usually obtainable after eight weeks/two months of unpaid rent, and at the court's discretion after serving the tenant with a Section 8 notice for a lesser period for all assured tenancies, and on other grounds which defer to the landlord's ownership of the property. If the tenancy is an AST then any possession order will not take effect until six months has passed into the initial tenancy. A tenancy of someone who has been in occupation since before 15 January 1989 usually, if not a shorthold from the outset following their inception from 1980 onwards, may be a "regulated tenancy" with many more rights, especially under the Rent Act 1977 and Protection from Eviction Act 1977, introduced by the Third Wilson ministry.Each house in multiple occupation, a unit the law does not regard it as a single household having more than three tenants, is subject to enhanced regulations including the Housing Act 2004. A council-issued licence to be a landlord of such a unit is always required in some local authorities.
Residential leasehold
Tenancies lasting more than a couple of years are typically called leases and tend to be extensive; any lease exceeding seven years must be registered as a new leasehold estate. These arrangements follow fewer of the above rules and, in longer examples, are deliberately more similar to full ownership than conventional tenancies. They rarely require substantial ground rent.Current law doesn't regulate significant break/resale charges or prevent leasehold house sales; following widespread consultation in the 2010s, certain reforms are being drafted. Generally, legislation allows lessees to join together to gain the Right to Manage and the right to purchase the landlord's interest. Individually, tenants can extend their leases for a new, smaller sum, which typically won't be demanded or recommended every 15–35 years if the tenants have enfranchised. Notice requirements and forms tend to be strictly enforced.
In smaller properties, tenants may qualify for individual enfranchisement based on a simple mathematical division of the building. Statute law from 1925 implies into nearly all leases that they can be sold by the lessee; this reduces any restrictions to ones where the landlord may apply "reasonable" vetting standards without causing significant delays. This is commonly known as the "statutory qualified covenant on assignment/alienation."
In the diminishing area of social housing, tenants can exceptionally acquire the Right to Buy over time, which provides a fixed discount on the market price of the home.
Commercial (business) leases and tenancies
For commercial properties, much of the law regarding disputes and basic responsibilities stems from freedom of contract principles in the common law, including implied terms from precedent decisions in wide-ranging case law, such as the meaning of "good and substantial repair." Implied principles include "non-derogation from grant" and "quiet enjoyment."All business tenants must decide whether to contract in or outside of Part II of the Landlord and Tenant Act 1954, which provides "business security of tenure." If not specifically excluded, it generally applies by default. This "security of tenure" is expressly subject to common reasons and associated mechanisms for a landlord to reclaim the premises.
When a landlord sells a block where a qualifying tenant occupies more than 50%, the tenant should receive the right of first refusal to buy the block at the asking price. As in most jurisdictions, the law strictly enforces lease terms regarding unlawful subletting and assignment, potentially resulting in financial and property loss if violated.
Unlike residential tenancies, failure to pay a commercial rent demand can result in direct landlord repossession through a commercial landlord's right to use "self-help" evictions. The practice of taking a tenant's goods without a court-issued warrant has been banned.
Mexico
In Mexico, landlord-tenant relationships are governed primarily by state-specific Civil Codes, resulting in variations in property regulations across the country. Mexican property laws tend to favor tenants, making evictions notably difficult for landlords upon lease expiration. If a landlord does not provide timely notice before the lease termination, the lease may automatically transition into an indefinite-term agreement, complicating eviction procedures further.Security deposits in Mexico are generally negotiable between landlords and tenants without a legally mandated maximum, though it is common practice for landlords to request a deposit equivalent to one month's rent. Rent increases are regulated in certain jurisdictions, often restricted to no more than 85% of the increase in the general minimum wage for the region or based on a consumer price index agreed upon by both parties.
Eviction procedures in Mexico are strictly regulated, requiring judicial intervention that can involve significant time, effort, and legal expenses for landlords. If a tenant refuses to vacate following an eviction order, landlords may need judicial support, including police assistance, to enforce the eviction. The eviction process duration can vary significantly, often lasting several weeks or longer if tenants file appeals or request extensions.
Criticism of landlords
Land ownership
The concept of land ownership is not universal. Many Native American tribes did not view land as a commodity whereas many Europeans colonists did. Ownership of land in the pre-colonial Americas varied from group to group, but many Native American societies had communal and individual land.Some European scholars were also skeptical of land ownership, such as Adam Smith and Henry George. Smith said about landlords, "As soon as the land of any country has all become private property, the landlords—like all other men—love to reap where they never sowed, and demand a rent even for their land’s natural product." George believed land belonged to everyone and supported a public tax on economic rent, which he believed would be so profitable that all other taxes would be abolished.