Tip of
the Month - May, 2022
ESSENTIAL PROVISIONS OF A VALID LEASE
Source: Property Management & Managing Risk
By: Robert C. Kyle & Floyd M. Baird, RPA/SMA
Because a lease is a contract,
the general requirements for a valid lease are similar to
those for a legally enforceable contract. Both/(all)
parties to the lease must have the legal capacity to enter
into a contract, and must reach a meeting of the minds.
The objectives of the lease must be legal in nature. The
document must be dated and must provide the valid
consideration.
The basic elements of a lease include:
1-Legal names of both/(all) parties
2-Description of the property
3-Term of the lease
4-Consideration or amount of rent
5-Time and method of payment
6-Use of the premises
7-Rights and obligations of both/(all) parties
Written, oral and implied leases are all covered by the
statute of frauds of the state in which the property is
located. This statue requires any lease not fully performable
within one year of its execution to be in writing to be
legally enforceable. Although an oral lease agreement
for less than one year is usually enforceable, it is wise for
the property manager to protect the owner’s interests by
executing all leases in writing.
This web page was updated 4/29/2022.