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A contract in writing, under seal, whereby a person having a legal estate in hereditaments, corporeal or incorporeal, conveys a portion of his interest to another, in consideration of a certain annual rent or render, or other recompense. Archb.Landl. & Ten. 2.
Instrument granting exclusive possession or control of premises, or portion, though use be restricted by reservations, will be considered lease, Barnett v. Lincoln, 162 Wash. 613, 299 P. 392, 394
"Lease" or "hire" is a synallagmatic contract, to which consent alone is sufficient, and by which one party gives to the other the enjoyment of a thing, or his labor, at a fixed price. Civil Code La. art. 2669.
Related Cases / Recent Cases / Case Law
- Smith v. Royal Ins. Co., C.C.A.Cal., 111 F.2d 667, 671: Any agreement which gives rise to relationship of landlord and tenant.
- People v. City of Chicago, 349 Ill. 304, 182 N.E. 419, 434: Any grant of permissive use
- Barnett v. Lincoln, 162 Wash. 613, 299 P. 392, 394: Contract for exclusive possession of lands or tenements for determinate period
- Femmer v. City of Juneau, C.C.A.Alaska, 97 F.2d 649, 657; Smith v. Royal Ins. Co., D.C.Cal., 5 F.Supp. 435, 437; Intermountain Realty Co. v. Allen, 60 Idaho 228 90 P.2d 704, 706, 122 A.L.R. 647: Contract for possession and profits of lands and tenements either for life, or for certain period of time, or during the pleasure of the parties
- White v. City of Grand Rapids, 244 N.W. 469, 260 Mich. 267; Stone v. City of Los Angeles, 114 Cal.App. 192, 299 P. 838, 840; Clark v. Harry, 182 Va. 410, 29 S.E.2d 231, 233: Contract for possession and profits of property for a recompense.
- Becker v. Manufacturers Trust Co., 262 App.Div. 525, 30 N.Y.S. 2d 542, 544; Moore v. Brandenberg, 234 Ky. 400, 28 S.W.2d 477, 478; Lewes Sand Co. v. Graves, Del., 1 Terry 189, 8 A.2d 21, 24: Conveyance, grant or devise of realty for designated period with reversion to grantor
Minneker v. Gardiner, 47 Ohio App. 203, 191 N.E. 793: Conveyance of interest in real property for specified period or at will
- St. Louis County v. Evans, 246 Mo. 209, 139 S.W.2d 967, 969; Holcombe v. Lorino, 124 Tex. 446, 79 S.W.2d 307, 310; Dean v. Brower, 119 Cal.App. 412, 6 P.2d 580, 581: Conveyance or grant of estate in real property for limited term with conditions attached, State ex rel.
- Smith v. Royal Ins. Co., C.C.A.Cal., 111 F.2d 667, 671; Clark v. Harry, 182 Va. 410, 29 S.E.2d 231, 233: Conveyance, usually in consideration of rent or other recompense, for life, years, or at will
- Leonard v. Autocar Sales & Service Co., 325 Ill.App. 375, 60 N.E.2d 457, 462; Union Central Life Ins. Co. of Cincinnati, Ohio, v. Goode, 222 Iowa 716, 269 N.W. 762, 764: But always for a less time than lessor has in the premises
- Ottman v. Albert Co., 327 Pa. 49, 192 A. 897, 899: Grant of use and possession, in consideration of something to be rendered
- Walsh v Lonsdale, (1882) 21 Ch D 9 (14): The tenant holds under an agreement for a lease. He holds, therefore, under the same terms in equity as if a leaser had been granted, it being given by specific performance. That being so he cannot complain of the exercise by the landlord of the same rights as the landlord would have had if a lease had been granted, eg, the right of distress, merely because the parchment has not being signed and sealed.
- Walsh v Lonsdale, (1882) 21 Ch D 9 (14): In regard to equitable lease, By a written agreement L agreed to let to W a cotton mill fro 7 years at a rent which was to be payable in advance if demanded. W entered and occupied the mill, and for some time paid the rent, but not in advance. Then L demanded a year's rent in advance, and this demand not being complied with, he distrained. W then brought this action against L claiming damages for an unlawful distraint.
- Haryana Wakf Board v Mahesh Kumar, Civil Appeal Jurisdiction, Civil Appeal No 10947 of 2012, Supreme Court of India judgment dated November 21, 2013
- Fatehji and Company and Another v L M Nagpal and Others, Civil Appeal Jurisdiction, Civil Appeal No 3912 OF 2015, Supreme Court of India judgement dated April 24, 2015