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 Montana, the landlord-tenant relationship is governed by the Montana Residential Landlord and Tenant Act for residential leases, and by general contract law and specific statutes for commercial leases. The relationship is typically established through a lease agreement, which is a legally binding document that outlines the rights and responsibilities of both the landlord (lessor) and the tenant (lessee). This agreement specifies the use of the property, the term of the lease, and the amount of rent to be paid. Residential leases are subject to specific regulations that protect tenants, such as security deposit limits, requirements for habitable living conditions, and rules governing eviction procedures. Commercial leases are more flexible and negotiable, but they must still comply with applicable zoning laws and other regulations. It's important to note that leases for personal property, such as vehicles or equipment, fall under different legal categories and the parties are referred to as lessor and lessee, not landlord and tenant.