LANDLORD AND TENANT. Those who stand in the relationship which subsists when one person holds land of another, and in sub ordination to the latter's title. The relationship arises whenever one having an estate in land grants to another a lesser estate therein. it ex ists equally, therefore, between a tenant in fee simple and his grantee in fee tail. and between a tenant for years and his sub-tenant. in either case the grantor or lessor, whatever the quality and nature of his own estate. is the landlord of the grantee or lessee, and the latter is the ten ant of the former. in all cases the estate or in terest remaining in the landlord is teehnically known as a reversion (q.v.). Excepting in the ease of an estate for years. which is capable of indefinite subdivision, a person cannot acquire the relation of a landlord IT granting to another an estate of the same kind or quality as that which he himself possesses, even though it be limited so as to come to an end before the prob able termination of the grantor's estate. Thus a tenant in fee simple granting the lands in fee simple to another so long as the grantee and his heirs continue to reside on the premises conveyed, retains no interest which can he called a rever sion, does such a grant create a tenure be tween grantor and grantee. At the niost the grantor has left only an indefinite interest, known as a 'possibility of reverter,' and in most juris dictions he would not have even that.
The relation of landlord and tenant had its origin in the feudal system of land tenure. under which all freehold lands. including fees, were held of a superior lord. Under that system it was possible for a tenant in fee simple to grant the lands in fee simple to he held of himself. in which ease he became the immediate feudal sit: perior of his grantee. This practice of subin feud:dint]. as it was called. was abolished by the famous Statute Quin Emptores, enacted by the English Parliament in 1290, since which time the alienation of a fee divests the grantor of all his right and interest therein. But as this statute applied only to eonveyanees in fee, it left the way open for the various forms of tenure above described, by which the relation of landlord and tenant is still created. As has been stated, the tenant in fee simple who grants the land in fee tail or for life is the landlord of his grantee in precisely the same way as he is of a tenant for years, but in practice the phrase landlord and tenant is more commonly employed to describe the last-named relation.
As thus understood, the relation usually arises from an instrument of conveyance. known as a lease (q.v.), and the rights and responsibilities flowing therefrom are partly the result of positive law, and partly of the agreements and stipula tions embodied in the lease. Of the inherent legal incidents of the relation, perhaps the most im portant are the obligation of the landlord to pro tect the tenant's possseasion against all persons claiming a legal right to the premises, and the correlative obligation of the tenant to recognize his lamllord's title. The former is violated by an eviction by the landlord or any one elaiming under him or by one asserting a paramount title, the effect of which is to suspend the rent due by the lease and to give the evicted tenant an action for damages against his landlord. But the land lord is not bound to protect the tenant against trespasses or nuisances. his implied covenant for quiet enjoyment, as it is called, not extending to unlawful acts of third parties. Neither is the landlord bound to furnish a habitable tenement. He leases the land, with such improvements au happen to be thereon, and the tenant takes them as they are. It is no eviction of the tenant if, upon taking possession. he finds the premises un inhabitable. See EVICTION.
The tenant, on the other hand, is estopped from denying his landlord's title, or. in general, from setting up a title. either in himself or in another, universe to that of his landlord. and that irrespec tive of whether the latter's title he good nr bad. Neither can he, at common law, ever acquire a good title as against his landlord by any lapse of time. So long as he continues in possession he is held to the relation of a tenant and cannot get into universe possession of the premises, so as to take advantage of the Statute of Limitations. This rule has, however, been generally modified by statutes permitting a tenant, after a certain length of time. or even, in a few States. by dis avowal of his landlord's tithe, to acquire the status of an adverse possessor. In no ease, how ever, can this he done until the expiration of the term of the tenancy.