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 South Carolina, the landlord-tenant relationship is governed by the South Carolina Residential Landlord and Tenant Act, which outlines the rights and responsibilities of both landlords and tenants. This act applies to the rental of residential properties, such as houses and apartments, and is designed to protect both parties by ensuring fair practices. The lease agreement, which should be in writing, details the terms of the rental arrangement, including the purpose of the lease, the duration, and the rent amount. It is legally binding and must comply with state laws. For commercial leases, while there is no specific commercial landlord-tenant act, the terms of the lease and state contract laws will generally govern the relationship. It's important to note that leases for personal property, such as vehicles or equipment, fall under different regulations and the parties are referred to as lessor and lessee, not landlord and tenant. In all cases, it is advisable for both parties to thoroughly understand their lease agreement and their rights under South Carolina law. An attorney can provide guidance specific to the circumstances of any landlord-tenant relationship.