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 Illinois, the landlord-tenant relationship is governed by state statutes, including the Illinois Residential Landlord and Tenant Act (765 ILCS 705/), which applies specifically to residential leases. This Act outlines the rights and responsibilities of both landlords and tenants. For example, landlords are required to maintain habitable premises, make necessary repairs, and return security deposits within a specified time frame after a tenant moves out. Tenants, on the other hand, are obligated to pay rent on time, keep the premises in a safe and sanitary condition, and abide by the terms of the lease agreement. Commercial leases are governed by the terms of the lease agreement and relevant Illinois statutes, but they are not covered by the Residential Landlord and Tenant Act. Instead, commercial landlord-tenant relationships are more flexible and negotiable, often dictated by the specific terms agreed upon in the lease contract. Both residential and commercial leases establish the use of the property, the term of the lease, and the rent to be paid. It is important for both landlords and tenants to understand their legal rights and obligations under the lease and Illinois law. An attorney can provide specific legal advice tailored to individual circumstances in either residential or commercial lease situations.