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 Dakota, the landlord-tenant relationship is governed by state statutes which outline the rights and responsibilities of both parties. These laws cover various aspects of the rental agreement for both residential and commercial properties, including the terms of the lease, the payment of rent, the maintenance of the property, and the procedures for addressing disputes. The lease agreement, which is typically in written form, is a binding contract that specifies the duration of the tenancy, the amount of rent, the use of the property, and other conditions agreed upon by the landlord and tenant. South Dakota law also provides specific regulations regarding security deposits, notice periods for terminating a lease, and the process for eviction. It is important for both landlords and tenants to understand their legal rights and obligations under the lease and state law to ensure a fair and lawful tenancy. For detailed guidance or legal disputes, it is advisable to consult with an attorney who specializes in landlord-tenant law.