Transcript Document

Chapter 16
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Real Estate Leases
Thomson/South-Western©2008
Leasehold Estate
• Lessee = Tenant
• Lessor = Owner = Landlord
• Reversion = right of owner to retake the
property at end of leased period.
Thomson/South-Western©2008
Estate Periods
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Estate for years- specific starting & ending date
Estate at will- terminated anytime by either party
Periodic estate- one that renews itself automatically
Tenancy at sufferance- holdover tenant
Thomson/South-Western©2008
Valid Lease
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Lessor & Lessee
Description of premises
Agreement to convey & accept possession
Rent payment provisions
Start date and duration of lease
Signature of parties to lease
Thomson/South-Western©2008
STATUTE OF FRAUDS
• The Statute of Frauds in Texas provides that a
lease of real estate for a term that cannot be
performed within one year must be in writing.
• A lease of one year or less need not be in
writing to be enforceable.
Thomson/South-Western©2008
Sample Lease
Thomson/South-Western©2008
Sample Lease (continued)
Thomson/South-Western©2008
Landlord-Tenant Laws
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Notice needed to terminate tenancy.
Landlord’s lien for rent.
Need for security devices.
Habitable premises.
Smoke detectors.
Occupying limit of 3 adults per bedroom.
Security deposits and 30 day rule for accounting to
tenant. Commercial leases 60 days.
• Duty to mitigate.
• Family Violence & Service Members.
Thomson/South-Western©2008
Rent
• Gross lease = Fixed rent
• Graduated rent = Step-up rent payments over term
• Percentage lease = Rent is percent of gross income
• Net lease = Rent plus increases in expenses
• Index lease = Rent tied to economic indicator
Thomson/South-Western©2008
Lease Terms
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Option clause
Assignment
Subletting
Ground lease
Lease termination
Eviction – Forcible Entry and Detainer
– 3 days written notice
– Justice of Peace Court
Thomson/South-Western©2008
Key Terms
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Escalation clause
Ground rent
Lessee
Lessor
Option clause
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Quiet enjoyment
Reversionary interest
Sublease
Sublessee
Sublessor
Thomson/South-Western©2008