Title 44, Chapter 7, Section 1
(a) The relationship of landlord and tenant is created when the
owner of real estate grants to another person, who accepts such
grant, the right simply to possess and enjoy the use of such real
estate either for a fixed time or at the will of the grantor. In
such a case, no estate passes out of the landlord and the tenant has
only a usufruct which may not be conveyed except by the landlord's
consent and which is not subject to levy and sale.
(b) All renting or leasing of real estate for a period of time less
than five years shall be held to convey only the right to possess
and enjoy such real estate, to pass no estate out of the landlord,
and to give only the usufruct unless the contrary is agreed upon by
the parties to the contract and is so stated in the contract.