This basic question of who is a Landlord and who is a tenant is a bit more complicated than most people realize. Generally, it is spelled out in the lease. Any person who is a party to a lease listed as a tenant is a tenant. All others should be named as occupants if they reside, but do not have lease obligations like a tenant. In other words, a tenant can be directly sued, while an occupant is sued as a catch phrase, “and all other Occupants. The definitions matter because a tenant can make demands upon a landlord, an occupant cannot.
Statutory Definition of a Landlord
So, under Section 92.001 of the Texas Property Code, a “landlord” is legally defined as the owner, lessor, or sublessor of a dwelling, but also includes any person authorized to exercise the owner’s management or administrative functions. This definition encompasses traditional property owners as well as property management companies, authorized agents, and in some cases, receivers appointed by the court during foreclosure proceedings. The Texas Supreme Court has held that a landlord’s rights and obligations attach not merely through a formal title of owner, or a deed that shows ownership but through the ability to exercise control over the leased premises and collect rent.
Statutory Definition of a Tenant
On the other side of the equation, the Texas Property Code defines a “tenant” as a person who is authorized by a lease to occupy a dwelling to the exclusion of others and who is obligated under the lease to pay rent. This means that a tenant has the right to determine who can stay in the leased premises who are NOT tenants. This also means that if someone has no rights under lease to reside in the premises, then that person can be made, through force of law, to vacate the premises.
Tenants-at-Sufferance and Trespassers
This is a roundabout definition of a “squatter.” This person who is residing in a leased premises without authorization has no ability to occupy the premises to the exclusion of anyone. They are called tenants-at-sufferance or trespassers, depending upon how they came into possession of the leased premises.
Implied Tenancy and Oral Agreements
However, the definition of tenant has been further refined through Texas Courts that established the landlord-tenant relationship can be formed through the mutual agreement between parties, whether written or implied (generally oral agreement), and the exchange of consideration (typically rent) for the exclusive right to possess the real property premises. Non-written agreements, if they reach a level of lawsuit, will have to be proven by facts that show that such agreements were made with all the requirements of a written agreement, except for the writing.
Sublessors and Expanded Definitions of Landlord
To further expand on the definition of a Landlord, Texas law recognizes that a landlord is not limited to the primary property owner (or the one on the property deed). Texas Property Code Section 92.001 explicitly includes sublessors in its definition of a landlord. When a tenant subleases property to another individual with the owner’s consent, [IMPORTANT – a tenant cannot just willy-nilly sublease to another person if the Landlord has not explicitly agreed—although many try to do just that—and then find themselves at the end of a forcible detainer or eviction suit.] That tenant becomes a landlord (sublessor) to the sublessee with all corresponding legal obligations.
Additionally, Texas courts have recognized various owner representatives who can legally function as landlords. Some Texas courts have clarified that property managers, authorized agents, trustees, executors of estates, and court-appointed receivers all qualify as landlords when they act with authority to manage the property, enforce lease provisions, or collect rent. This expanded definition ensures that landlords can hold tenants accountable, and tenants can hold landlords accountable via whichever entity is actually exercising control over the leased premises, regardless of who holds legal title.
Why These Definitions Matter — And When They're Unclear
Although we have given some general direction on who is a Landlord or who is a Tenant, we hope that you see that it is not always completely clear-cut. Let us give you an example of how these definitions can get twisty. If a person’s parent has a lease on an apartment, and they die or vacate the apartment not to be found, do you, because of an envisioned inheritance (because after all they are YOUR parent), simply walk into the lease and pay rent? The answer is no, and the explanations are another lengthy blog.
Call Sprigg-Novak Law for Help Defining Your Rights
So, if you are wondering if you are a Landlord who can sue or bring legal action against a Tenant. Or if you are wondering if there is a tenant in your particular situation, call the Sprigg-Novak Law Firm for a consultation. 214-216-1667. Our consultations are for a fee.
