7.1 The Lease Contract
The Lease Contract
A lease is both an instrument of conveyance and a contract. It conveys a leasehold estate (less-than-freehold) to the tenant, granting the right to use and occupy the property, but not legal title. The four main types of leasehold estate are:
- Estate for years: Specific lease term
- Estate from period-to-period: Term automatically renews
- Estate at will: No specified lease term
- Estate at sufferance: Tenancy without consent
A valid lease conveys exclusive right to use and occupy the property for a limited time in exchange for rent, with return of the property at term end. Leasehold estates are always temporary. The landlord (lessor) conveys the leasehold; the tenant (lessee) receives it.
Leasehold Rights and Obligations
- Tenant: Exclusive possession, use, quiet enjoyment, and profits from use. Obligations: pay rent, maintain property, comply with rules.
- Landlord: Receive rent, re-possess after lease, monitor tenant obligations. Obligations: provide building services, maintain condition.
- Lease obligations survive death of either party (with exceptions).
- Sale or mortgage of leased property does not terminate lease obligations.
Contract Requirements
- Legally able parties
- Property description
- Exclusive possession for tenant
- Legal and permitted use
- Consideration (rent or other)
- Offer and acceptance
- Landlord’s signature (tenant’s signature is prudent)
- Leases over one year must be in writing (Statute of Frauds)
Lease Clauses
- Rent and security deposit
- Lease term
- Repairs and maintenance (who is responsible for what)
- Subletting and assignment (with landlord approval)
- Rules and regulations
- Improvements and alterations (permissions and ownership)
- Options (renewal, purchase, expansion)
- Damage and destruction provisions
Signing the Lease
Choose the best answer for each question, then select Check Answers.
Which of the following is NOT a principal type of leasehold estate?
All leasehold estates are temporary, not perpetual.
What is the landlord’s main obligation under a lease?
The landlord must maintain the property and provide essential services.
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