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The Landlord Tenant Relationship
Landlord-Tenant relationships are a complex mix of property and contract law. Traditionally, a lease was the conveyance of an estate in land. The lessor (landlord) transferred exclusive right of possession to the lessee (tenant) and retained a reversion in the property. During the 1960s, courts began redefining the relationship between landlord and tenant as both a conveyance of real estate and a contract for a specific menu of services (including shelter, water, heat, etc.)
As a result, residential leases now routinely include many contract concepts of good faith and fair dealing. By contrast, commercial leases are still generally viewed as conveyances, with the assumption that commercial tenants can negotiate an appropriate lease to protect their interests.
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