Within the real estate sector, the terms lessor and tenant are two of the most used. In fact, they are terms closely related to renting, be it a premises, a home, a garage space ... but also furniture, machinery, vehicles, etc. That is why it is so important to know what each figure refers to, as well as the difference between the two and the obligations and rights that they grant to the person.
But What is a landlord and a tenant? What are their differences? Can a landlord also be a tenant? Today in our blog we are going to give you the keys so that you understand these two terms perfectly, know those details that characterize each one and know how to identify them.
Who is the landlord
The first figure in which we are going to stop is that of the landlord. This can be defined as that person (natural or legal) who temporarily assigns the use and enjoyment of a real estate, piece of furniture, machine, vehicle ... to another person in exchange for the latter providing a payment.
In other words, it is a person who owns a real estate (or personal property) who decides to rent it to another person in exchange for a payment, that is to say, of a rent. This can be for a limited period of time, and the conditions are established in a contract in which the rental period is clarified, the payment requested for that enjoyment, as well as other important characteristics (for example, having a deposit, what occurs in the event that the property deteriorates ...).
Who is the tenant
The tenant is a figure closely related to the landlord. And, if the landlord is the one who has the real or personal property, the lessee can be defined as the person who rents the landlord's right of enjoyment over that real or personal property.
In other words, It is the person, natural or legal, who is going to use the real or personal property for a time in exchange for a payment that is done to the true owner of that good.
In a practical example, the tenant would be the tenant or the person who occupies a house on a rental basis. For his part, the "landlord", as he is commonly called, would be the landlord, since he is the owner of that house.
Obligations of the lessor and lessee
Both landlord and tenant have a series of Obligations that both must fulfill so that the relationship they establish goes well. Specifically, for each figure, the obligations would be:
For the landlord
- You have to deliver the property or furniture in the state in which it has been established in the contract. In fact, many choose to add photos to that contract to check the status.
- You have to take care of the repairs that arise in the real or personal property, that is, if something deteriorates, you have to take care of it. For example, in a house, if the air conditioning breaks down, and it was in the house at the time of renting it, it must be taken care of. Not if it is something the tenant has entered.
- It must provide essential elements (in some cases), such as furniture, appliances, water, electricity, essential services ...
For the tenant
- You must comply with the obligations stipulated by the contract.
- You must keep the real or personal property in perfect condition.
- It must not deteriorate, modify, destroy the real or personal property
- You can not prevent access to the home to the landlord, as long as it is to inspect.
Rights of the landlord and tenant
With regard to rights, both the landlord and the tenant have several. Specifically, depending on the figure to be treated, there will be one or the other:
Lessor
- You have the right to collect the amount of money that has been set by contract to let someone else use your property.
- You have the right to terminate the contract with a notice established in the contract itself. In fact, the contract can be terminated immediately in only one case: when the real estate must be used as a home for himself or for family members in the first degree of consanguinity or adoption, or spouse if there is a sentence of separation, divorce or nullity. .
Lessee
- You have the right to enjoy the property during the term of the contract.
- You do not have to take care of the repairs (unless otherwise specified by contract).
- You have the right to receive a deposit if you leave the property, as long as it is delivered in the same condition that you received it.
Differences between landlord and tenant
Now that you know the landlord and tenant figures quite well, you can surely glimpse what are the differences between the two terms. But, to be clear, here we detail them:
Lessor
- He is the owner of the real or personal property, but does not enjoy it.
- You receive a periodic financial amount for assigning your right of enjoyment.
Lessee
- It is the person who enjoys a good but is not the owner.
- You have to pay for the use of that good.
Can a tenant in turn be a landlord?
This question has a bit of a mess. Because, can a person rent real or personal property and, in turn, rent it? The answer would be yes; in fact, there are many scenarios in which this occurs.
We are talking about subleasing, that is, a person who rents an asset to another and this, instead of enjoying it, rents in turn their right. It is a practice that is not frowned upon, firstly because it leaves the landlord in a defenseless situation by not knowing who really enjoys his property. And second, because a contract is not established with that person who is really going to use their good.
However, it is allowed. In fact, if we go to the Civil Code, in its article 1550 it tells us that “when the lease of things is not expressly prohibited, the lessee may sublet in whole or in part the leased thing, without prejudice to their responsibility to the fulfillment of the contract with the lessor ». Therefore, there could be a sublease, as long as a series of requirements established in the subsequent articles of the Civil Code (1551, 1552) are met.