ADMS 2610 Lecture 10: Chapter 24

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Lease: an agreement that constitutes a grant of possession of property for a fixed term in return for the payment of rent. Tenancy: a relationship between parties governed by a lease. Exists between 2 parties unless either or both assign their interest in the land. Two concurrent interests in land: leasehold tenant"s right to exclusive possession, reversion - the return of the right to possession to the landlord at the end of the lease. At expiration of lease, the two interests (possession and title) merge. An interest in land, so anything attached to land is part of leasehold interest. Commercial leases: negotiated and terms set forth in the contract. Type of remedy of landlord depends on type of breach. Most common breach is failure to pay rent. Commercial lease breach by landlord does not allow tenant to withhold payment of rent as a general rule. Residential lease certain breaches by landlord does allow tenant to withhold payment of rent.

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