Parties to a lease › Landlord vs tenant
Landlord vs tenant
The landlord is the property owner who grants the right to occupy in exchange for rent. The tenant is the person who pays the rent and receives that right. Every residential lease in the US and India rests on this two-party structure, but the duties, rights and enforcement tools on each side have evolved in 2026 and differ by state.
Side-by-side comparison
| Landlord | Tenant | |
|---|---|---|
| Owns the property | Yes | No |
| Pays property tax | Yes | No (usually) |
| Receives rent | Yes | Pays rent |
| Major repairs | Yes | No |
| Day-to-day upkeep | No | Yes |
| Right to enter | With 24-hr notice | — |
| Right to quiet enjoyment | — | Yes |
| Eviction power | Through the courts only | — |
Landlord rights and duties
- Collect rent in the agreed amount and method.
- Enter the unit with proper notice for repairs, inspections and showings.
- Enforce lease terms — issue cure-or-quit and pay-or-quit notices.
- Deliver and maintain the premises in habitable condition.
- Return security deposit less lawful deductions within 14–60 days (state-dependent).
- Comply with Fair Housing Act — no discrimination by race, sex, disability, family status, religion or national origin.
Tenant rights and duties
- Occupy the unit peaceably throughout the term.
- Pay rent on or before the due date.
- Receive habitable conditions and essential services.
- Get 24-hour notice before non-emergency entry.
- Challenge an eviction in court.
- Keep the unit clean; avoid damage beyond ordinary wear and tear.
- Vacate on or before the lease end or termination date.
Enforcement: who can do what
Only courts can order an eviction — self-help (changing locks, shutting off utilities, removing belongings) is illegal in every US state and exposes the landlord to statutory damages. Tenants enforce habitability through repair-and-deduct, rent withholding, code-enforcement complaints, or constructive-eviction lawsuits. In India, both sides seek relief at the state Rent Authority (Model Tenancy Act states) or the civil court.
FAQs
What is the difference between a landlord and a tenant?
The landlord owns the property and grants the right to occupy it in exchange for rent. The tenant pays rent and receives the right to live in or use the property for the lease term. "Landlord" and "lessor" are the same role; "tenant" and "lessee" are the same role.
What are a landlord's legal duties?
Delivering the property in habitable condition, maintaining structural and essential systems, complying with housing and safety codes, giving notice before entering, and returning the security deposit within the state-mandated deadline.
What are a tenant's legal duties?
Paying rent on time, keeping the property clean and undamaged beyond ordinary wear and tear, not disturbing neighbours, complying with lease terms, and vacating at the end of the term or after a proper termination notice.
Related: Lessor vs lessee · Co-tenant vs occupant · Generate a lease