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Chapter 17 - Leases
Chapter 17 for test 2 for David Butler's Class
11
Real Estate & Planning
Undergraduate 1
10/28/2008

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Cards

Term
define reversion
Definition
the right to retake possession at a future date
Term
4 types of leasehold estates
Definition
Month-to-month. Estate for years. Estate at will. Tenancy at sufferance.
Term
what makes a valid lease?
Definition
Parties involved must be legally competent. Mutual agreement. Lawful objective. Sufficient consideration.
Term
6 main lease elements.
Definition
1) Names of lessee and lessor. 2) Description of the premises. 3) an agreement to convey the premises by the lessor and to accept possession by the lessee. 4) Provisions for the payment of rent. 5) starting date and duration of the lease. 6) signatures of the parties to the lease. Terms longer than one year must be in writing.
Term
what is actually being transacted in a lease?
Definition
conveyance of property rights and contract
Term
percentage lease
Definition
rent based on tenant's sales
Term
net lease
Definition
tenant pays a base rent plus maintenance, property taxes, and insurance
Term
gross lease
Definition
tenant pays a fixed rent and the landlord pays all property expenses
Term
index lease
Definition
rent is indexed to some economic indicator, such as an inflation index.
Term
assignment
Definition
total transfer of teh lessee's rights to another person. Assignee acquires all the right, title, and interest of the assignor, no more and no less.
Term
sublet
Definition
to transfer only a portion of the rights held under a lease. Sublessee pays rent to the lessee, who is liable to the landlord for rent on the entire premises.
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