Also known as: leasehold estates · leasehold
Written by attorneys · grounded in primary & secondary sources — see below
A possessory interest in land granted by a landlord to a tenant for a fixed or determinable period. The interest confers the right to exclusive physical possession of the premises during the term.
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Lila Lin leased a commercial building from Lexicon Media for ten years and received an option to purchase the property at the end of the term. When Lexicon later tried to revoke the option after seven years, a court held that the option's duration was governed by landlord-tenant rules rather than a reasonable-time limit because the option was appurtenant to the leasehold estate.
Luis Lopez fell behind on rent for his apartment. The landlord initiated a fast-track eviction action that limited Lopez to pleading only whether rent was due and whether he remained in possession. Lopez attempted to raise a defense based on the landlord's failure to repair, but the court confined the proceeding to possession issues arising from the leasehold estate.
Landon Long leased office space from Legacy Motors. Persistent flooding from a roof leak made the premises unusable. Long vacated after repeated complaints went unaddressed and sued for damages, asserting that the landlord's breach of the covenant of quiet enjoyment had constructively evicted him from the leasehold estate.
Lamar Lewis rented a house from Lakewood Manufacturing. The property violated multiple housing code provisions, including lack of heat and exposed wiring. When the landlord sued for unpaid rent, Lewis defended on the ground that the leasehold estate was never delivered in a habitable condition.
Logan Lane leased theater space from Lexicon Media and received an option to renew for an additional twenty-one years after the initial term. When the landlord later claimed the option violated the rule against perpetuities, the court examined whether the option was appurtenant to the leasehold estate and therefore measured by the lease term.
Lucas Lee rented an apartment from Linden Bank. The unit lacked functioning plumbing and heat despite the tenant's complaints. Lee withheld rent and the landlord sued for possession. The court recognized an implied warranty of habitability running with the leasehold estate that the landlord had breached.
A leasehold estate grants the tenant exclusive possession of the premises for a term. A license merely permits use of land still in the licensor's possession and creates no estate.
Supporting sources
A temporary or partial taking does not extinguish the tenant's rent obligation but entitles the tenant to compensation for the portion taken.
Supporting sources
A tenant who remains after the lease term without the landlord's consent becomes a holdover tenant. The landlord may elect to treat the occupancy as a tenancy at will or seek damages for use and occupation.
…a tenant the property right to have a CATV installation placed on the roof of his building, as an appurtenance to the tenant's leasehold. The short answer is that § 828(1)(a) does not purport to give the tenant any enforceable property rights with respect to CATV installation, and the lower courts did not rest their…