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Encyclopedia > Leasing

A lease is a legal document, but can be a verbal arrangement, which confers a right on one person (called a tenant or lessee) to possess property belonging to another person (called a landlord or lessor) to the exclusion of the owner landlord. The relationship between the tenant and the landlord is called a tenancy, and can be for a fixed or an indefinite period of time (called the term of the lease). The consideration for the lease is called rent. Image File history File links Merge-arrow. ... This article is about an agreement for payment for temporary use. ... Image File history File links Question_book-3. ... In international law, a concession is a territory within a country that is administered by another entity than the state which holds sovereignty over it. ... A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord. ... This does not cite any references or sources. ... Legal instrument is a legal term of art that is used for any written legal document such as a certificate, a deed, a will, an Act of Parliament or a law passed by a competent legislative body in municipal (domestic) or international law. ... A tenant (from the Latin tenere, to hold), in legal contexts, holds real property by some form of title from a landlord. ... This article does not cite any references or sources. ... A landlord, is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called the tenant. ... The word term refers to either a word unit or a time unit with specified boundaries or limits. ... Consideration is something that is done or promised in return for a contractual promise. ... Rent can refer to: Renting, a system of payment for the temporary use of something owned by someone else. ...

Under normal circumstances, an owner of property is at liberty to do what they want with their property, including destroy it or hand over possession of the property to a tenant. However, if the owner has surrendered possession to another (ie the tenant) then any interference with the quiet enjoyment of the property by the tenant in lawful possession is unlawful.

Similar principles apply to real property as well as to personal property, though the terminology would be different. Similar principles apply to sub-leasing, that is the leasing by a tenant in possession to a sub-tenant. The right to sub-lease can be expressly prohibited by the main lease. This article does not cite any references or sources. ... Personal property is a type of property. ...


Formality of a lease

The formal requirements for a lease are determined by the law and custom of the jurisdiction in which real property is located. In the case of personal property, it is determined by the law and custom of the jurisdiction in which the rental agreement is made.

A tenancy for years greater than 1 year must be in writing in order to satisfy the Statute of Frauds. The statute of frauds refers to the requirement that certain kinds of contracts be made in writing and signed. ...

Term of a lease

The term of the lease may be fixed, periodic or of indefinite duration. The word term refers to either a word unit or a time unit with specified boundaries or limits. ...

If it is for a specified period of time, the term ends automatically when the period expires, and no notice needs to be given, in the absence of legal requirements. It has been suggested that this article or section be merged into Leasehold estate. ...

The term's duration may be conditional, in which case it last until some specified event occurs, such as the death of a specified individual.

A periodic tenancy is one which is renewed automatically, usually on a monthly or weekly basis.

A tenancy at will last only as long as the parties wish it to, and be terminated without penalty by either party.

It is common for a lease to be extended on a "holding over" basis, which normally converts the tenancy to a periodic tenancy on a month by month basis.


Rent is a requirement of leases in common law jurisdiction, but not in civil law jurisdiction. There is no requirement for the rent to be a commercial amount. "Pepper corn" rent or rent of some nominal amount is adequate for this requirement.

Leasing of real property

(See rental agreement and leasehold estate for more detail.) A rental agreement is a contract, usually written, between the owner of a property and a renter who desires to have temporary possession of the property. ... A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord. ...

There are different types of ownership for land but, in common law states, the most common form is the fee simple absolute, where the legal term fee has the old meaning of real property, i.e. real estate. An owner of the fee simple holds all the rights and privileges to that property and, subject to the laws, codes, rules and regulations of the local law, can sell or by contract or grant, permit another to have possession and control of the property through a lease or tenancy agreement. For this purpose, the owner is called the lessor or landlord, and the other person is called the lessee or tenant, and the rights to possess and control the land are exchanged for some payment (called consideration in legal English), usually a monthly rent. The acceptance of rent by the landowner from a tenant creates (or extends) most of the rights of tenancy even without a written lease (or beyond the time limit of an expiring lease). Although leases can be oral agreements that are periodic, i.e. extended indefinitely and automatically, written leases should always define the period of time covered by the lease. In the 1930s, the British government introduced infinite leases, only to remove the power to create these in the early 1990s. A lease may be: Fee simple is an estate in land in common law. ... Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... Consideration is something that is done or promised in return for a contractual promise. ... This article is about an agreement for payment for temporary use. ...

  • a fixed-term agreement, in other words one of these two:
    • for a specified period of time (the "term"), and end when the term expires;
    • conditional, i.e. last until some specified event occurs, such as the death of a specified individual; or
  • a periodic agreement, in other words renewed automatically
    • usually on a monthly or weekly basis
    • at will, i.e. last only as long as the parties wish it to, and be terminated without penalty by either party.

Because ownership is retained by the lessor, he or she always has the better right to enforce all the contractual terms and conditions affecting the use of the land. Normally, the contract will be express (i.e. set out in full and, hopefully, plain language), but where a contract is silent or ambiguous, terms can be implied by a court where this would make commercial sense of the transaction between the parties. One important right that may or may not be allowed the lessee, is the ability to create a sublease or to assign the lease, i.e. to transfer control to a third party. Hence, the builder of an office block may create a lease of the whole in favour of a management company that then finds tenants for the individual units and gives them control. A sublease is when the lessee in a lease assigns the lease to a third party, thereby making the old lessee the sublessor, and the new lessee the sublessee, or subtenant. ...

Under common law, a lease should have three essential characteristics:

  1. A definite term (whether fixed or periodic)
  2. At a rent
  3. confer exclusive possession

The word term refers to either a word unit or a time unit with specified boundaries or limits. ... Rent can refer to: Renting, a system of payment for the temporary use of something owned by someone else. ...

Leasing of tangible personal property

An owner can allow another the use of a vehicle (such as vehicle leasing of a car, a truck or an airliner) or a computer either for a fixed period of time or at will. This can be a simple leasing transaction, or it can be a transaction intended to allow the user the right to buy the item at some future time. Vehicle leasing refers to leasing the use of a motor vehicle for a fixed or indefinite period of time. ... Car redirects here. ... For other uses, see Truck (disambiguation). ... An Airbus A340 airliner operated by Air Jamaica An airliner is a large fixed-wing aircraft with the primary function of transporting paying passengers. ... This article is about the machine. ...

  • In a simple lease (rental) of a car, P pays O a rental for the use of the car during the agreed period which may be a few days (e.g. for a holiday trip) or longer where it is more economic to pay for use rather than pay for the ownership of an asset of depreciating value. Normally, only P will be allowed to use the vehicle and, in such a case, P has possession and control. But, P could be an employer who allows C the use of the car to visit clients, and thereby gives C control.
  • In a lease with the possibility of purchase, O could allow P to lease the car for a specified period of time. If all the rental payments are made in full, P will then be allowed to buy the car at the contractual purchase option price. In a consumer lease subject to the federal Consumer Leasing Act and the Truth in Lending Act, the purchase option price can not be a "bargain" purchase, that is, it cannot be less than the originally estimated fair market value. A "bargain" purchase creates an installment sale, to which the Truth in Lending Act (TILA) applies including the standardized disclosures, most importantly the Annual Percentage Rate (APR). Typically, the vehicle dealer or other personal property seller offers the leasing terms and contract of a third party finance company. Hence, O leases the vehicle to P, and upon execution of the contract simultaneously sells ownership of the car to F and assigns the lease contract to F. It is standard for the contractual terms to prohibit P from parting with possession or control of the car to another (if P does part with possession, this can be a theft of the car from F).

There are two principal types of leasing, depending upon the party taking the risk of the value of the vehicle (or other leased property) at lease end. In the U.S. this is called Closed-end leasing. In other jurisdictions, it is called hire purchase, lease purchase or finance leasing. These transactions are complicated. The most common problem arises when O makes specific representations as to the quality and reliability of the car to P during the initial negotiations. If what is said induces P to buy the car from O, those representations would usually be enforceable against O. But, in this transaction, O first sells the car to F who makes no representations to P. The laws vary from state to state on the extent to which P might be allowed a remedy if the car proves to be of poor quality. A young waif steals a pair of boots Stealing redirects here. ... This article needs to be wikified. ... Hire purchase (frequently abbreviated to HP) is the legal term for a contract developed in the United Kingdom, and now found in India, Australia, New Zealand, and other states which have adopted the English law concept. ... A finance lease or capital lease is a type of lease - the other being an operating lease. ...

To clarify the concept, the owner of tangible movables has the power to keep possession and only to transfer control. This may be for:

  • short- or long-term storage (e.g. leaving a passport with hotel staff or depositing valuable property in a bank vault — a hotel or bank holding property is a bailee); or
  • for delivery purposes (e.g. using a carrier to transport goods to a specific destination); or
  • it may be a form of mortgage — a pawnshop holds a pledge over the goods deposited until the money lent is repaid.

Leasing is a common method by which airlines acquire their aircraft, usually from companies specialised in the field of Commercial Aircraft Sales and Leasing. Aircraft leasing transactions are typically divided into finance leasing and operating leasing. This article is about the legal mechanism used to secure property in favor of a creditor. ... Pledge is a verb, meaning to promise solemnly, and a noun, meaning the promise or its maker or its object. ... An airline is an organization providing aviation services to passengers and/or cargo. ... Flying machine redirects here. ... Commercial Aircraft Sales and Leasing (CASL) is a common phrase used to describe organizations which typically market used commercial airliners and related equipment to governments and other various customers from manufacturers such as Boeing and Airbus as a primary function. ... A finance lease or capital lease is a type of lease - the other being an operating lease. ... An operating lease is a lease whose term is short compared to the useful life of the asset or piece of equipment (an airliner, a ship etc. ...

Businesses often choose to lease rather than buy office equipment, including computers. Since office equipment depreciates rapidly, leasing can be more cost-efficient than ownership.

In addition, more and more unconventional items are becoming available for lease, such as handbags and luxury watches.

Real leases

Whether it is better to lease or buy land will be determined by each state's legal and economic systems. In those countries where acquiring title is complicated, the state imposes high taxes on owners, transaction costs are high, and finance is difficult to obtain, leasing will be the norm. But, freely available credit at low interest rates with minimal tax disadvantages and low transaction costs will encourage land ownership. Whatever the system, most adult consumers have, at some point in their lives, been party to a real estate lease which can be as short as a week, as long as 999 years, or perpetual (only a few states permit ownership to be alienated indefinitely). For commercial property, whether there is a depreciation allowance depends on the local state taxation system. If a lease is created for a term of, say, ten years, the monthly or quarterly rent is a fixed cost during the term. The term of years may have an asset value for balance sheet purposes and, as the term expires, that value depreciates. However, the apportionment of relief as between business expense and depreciating asset is for each state to make (all that is certain is that the lessee cannot have a double allowance).

Private property rental

Rental, tenancy, and lease agreements are formal and informal contracts between an identified landlord and tenant giving rights to both parties, e.g. the tenant's right to occupy the accommodation for an agreed term and the landlord’s right to receive an agreed rent. If one of these elements is missing, only a tenancy at will or bare licence comes into being. In some legal systems, this has unfortunate consequences. When a formal tenancy is created, the law usually implies obligations for the lessor, e.g. that the property meets certain minimum standards of habitability. With a bare licence, some states do not imply any significant lessee protections

A tenancy agreement can be made up of:

  • express terms. These include what is in the written agreement (if there is one), in the rent book, and/or what was agreed orally (if there is clear evidence of what was said).
  • implied terms. These are the standard terms established by custom and practice or the minimum rights and duties formally implied by law.

Commercial leasehold

Advantages of commercial leasing

For businesses, leasing property may have significant financial benefits:

  • Leasing is less capital-intensive than purchasing, so if a business has constraints on its capital, it can grow more rapidly by leasing property than it could by purchasing the property outright.
  • Capital assets may fluctuate in value. Leasing shifts risks to the lessor, but if the property market has shown steady growth over time, a business that depends on leased property is sacrificing capital gains.
  • Because of investments which are done with leasing, new businesses are formed. Furthermore, unemployment in that country is decreased.
  • Leasing may provide more flexibility to a business which expects to grow or move in the relatively short term, because a lessee is not usually obliged to renew a lease at the end of its term.
  • In some cases a lease may be the only practical option; such as for a small business that wishes to locate in a large office building within tight locational parameters.
  • Depreciation of capital assets has different tax and financial reporting treatment from ordinary business expenses. Lease payments are considered expenses, which can be set off against revenue when calculating taxable profit at the end of the relevant tax accounting period.

Capital has a number of related meanings in economics, finance and accounting. ...

Disadvantages of commercial leasing

For businesses, leasing property may have significant drawbacks:

  • A net lease may shift some or all of the maintenance costs onto the tenant.
  • If circumstances dictate that a business must change its operations significantly, it may be expensive or otherwise difficult to terminate a lease before the end of the term. In some cases, a business may be able to sublet property no longer required, but this may not recoup the costs of the original lease, and, in any event, usually requires the consent of the original lessor. Tactical legal considerations usually make it expedient for lessees to default on their leases. The loss of book value is small and any litigation can usually be settled on advantageous terms. This is an improvement on the position for those companies owning their own property. Although it can be easier for a business to sell property if it has the time, forced sales frequently realise lower prices and can seriously affect book value.
  • If the business is successful, lessors may demand higher rental payments when leases come up for renewal. If the value of the business is tied to the use of that particular property, the lessor has a significant advantage over the lessee in negotiations.

External links

  • Landlord-tenant law links to 50 states (US)

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