Lessor and lessee are both terms associated with leasing of property. A lease is a legal binding contract that the landlord issues to the tenant to sign. Under these terms, the landlord is the lessor while the tenant is the lessee, and both are burdened with certain responsibilities and obligations.
The contract is a legal binding document that highlights the rights and responsibilities of both the lessor and lessee in respect to the property in question. This article will shed light on this subject.
The law across many states, in respect to the lessor gaining entry to the rented property, is the same. It says that the landlord can only do so after giving prior notice to the tenant.
The lessor can however gain entry during cases of emergencies such as fire or if the lessee abandons the property. In some special situations, the landlord may get a court order to gain entry into the property.
People are familiar with the terms rent, landlord, tenant, lease or rental agreement, but are not familiar with the terms lessee and lessor.
The use of the rental agreement and lease are used interchangeably. They may more or less seem the same, but have a disparity in their usage.
Conversely, the use of the terms lessee and tenant or that of landlord and lessor are used in a similar manner yet they do not mean the same thing.
The law views the landlord as the owner of the rented property as highlighted in the rental agreement signed by the tenant. Similarly, the lessor is the owner of the property rented out to a lessee under stated terms.
As such, both the lessor and lessee are legally bound to uphold the pacts as stated in the lease agreement.
While the use of terms like landlord, tenant, and rental agreement are common, the better and more formal identification for the parties should be lessor and lessee.
Their use gains more ground within legal contexts; nevertheless, some disparities do exist. The disparities are as listed:
A rental agreement is short term while a lease agreement is a long term thing.
A tenant is anyone allowed to stay in the property while a lessee is the person who enters into a lease agreement with the property owner.
Let’s take a further look at the terms lessee and lessor and highlight their respective responsibilities.
Legal Meaning of Lessee and Lessor
Under the law, the lessor is the legal owner of the property rented out to the lessee. On the other hand, the lessee possess and used the said property under a specified period and conditions as sighted in the signed lease agreement, in exchange or rent payments.
In most case, the lease property is something tangible such as a house, land, equipment, or car. Nevertheless, leasing of intangible properties such as brand name, software, trademarks, is also widely and legally acceptable.
The leasing terms and conditions should be clearly highlighted in the lease agreement and agreed upon by both the lessor and lessee and take effect once the lease agreement is signed.
Duties and Responsibilities
The law places guidelines on the formation of the lease agreement. However, the terms and condition with the lease agreement will be effective once the lessor and lessee agree and sign the lease contract.
The contract should clearly state the right and duties of both the lessor and lessee. Here is an overview of some of the right and duties of both parties, in the case of residential properties.
Lessor
It is the lessor’s responsibility to ascertain the safety and cleanliness of the property before leasing it out. The lessor is legally expected to comply with set health and safety standard to make the property habitable.
Any repairs and necessary changes should be done early. The property should be legally documented and legible for property taxes among other legal charges.
The lessor is legally expected to respect and uphold the lessee’s right to privacy, which in extension touches on not disturbing or cause any discomfort to the lessee.
If this is not observed, the lessee can stop paying rent and vacate the property. The law does give the lessee the right to sue the lessor for not complying with the set terms and conditions.
The law gives the lessor the right to collect rent on the agreed time as stated in the signed lease agreement. Eviction of the lessee is acceptable by law in the case of defaults in rent payment.
The lessor can withhold paying back any security deposit if the lessee violated the lease terms, which include rent payment.
Lessee
The lessee is expected to use the property as is sighted in the signed lease agreement. He should not use the property for illegal purposes.
The maintenance and repair costs will fall under the duties of the lessee for any damages to the property caused by him or his family or associates.
The lessee should give the lessor access to the property for any repair work or inspection as long as the lessor informed him of the same in advance.
The lessee is expected to make timely payment of the rent and is responsible for the general upkeep of the property over the agreed lease period.
He has the right to use the property as per the agreed terms and conditions. The lessee can sublet the premises if the lease agreement does not prohibit it expressly.
The above is a simple overview of the terms lessor and lessor, and their respective rights and responsibilities.
While some elements of the law may be the same, the lease agreement may vary from state to state. Hence, it is important to consult with an attorney to understand the clauses in the agreement before signing.
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