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Leasing Real Estate

A lease of real estate is an agreement or contract for possession of real estate for a certain period of time and for certain uses. The owner of the real estate is known as the “lessor” or “landlord.” The person renting the real estate is known as the “lessee” or “tenant.” The term of the lease specifies how long the real estate is to be rented. The time period may be for a certain period of time or indefinite. Other types of leases are known as “periodic estates” which means that they run for successive periods of time, often month-to-month. Upon conclusion or termination of the lease, possession of the real estate reverts back to the owner. Please see specific state for details and/or differences.

Discussion of leases is covered more fully in “LANDLORD AND TENANT” by LAWCHEK®.

Black’s Law Dictionary, Fifth Edition.

ALABAMA
For Alabama, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of twenty (20) years must be recorded. Alabama Code §35-4-6.

ALASKA
For Alaska, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Alaska Code §09.25.020 and 34.15.260.

ARIZONA
For Arizona, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. Arizona Code §44-101.

ARKANSAS
For Arkansas, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Arkansas Code §4-59-101; 4-15-404.

CALIFORNIA
For California, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded to be effective against others without actual notice of the lease. California CC §1217, 1624; Gov’t. C. §27287.

COLORADO
For Colorado, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease may be recorded. A tenant’s possession of the real estate puts other persons on notice of the lease. Colorado Code §38-10-108; 38-35-122(1).

CONNECTICUT
For Connecticut, a lease of real estate with a term of more than one (1) year must be in writing, and must be signed and attested by two witnesses. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded, like a deed. Connecticut Code §47-19.

DELAWARE
For Delaware, a lease of real estate with a term of more than one (1) year must be in writing and must be signed to be enforceable for more than one (1) year. A lease with a term of five (5) years or more must be recorded to be enforceable. Delaware Code §25-4107(a).

FLORIDA
For Florida, a lease of real estate with a term of more than one (1) year must be in writing and must be signed to be enforceable for more than one (1) year. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of one (1) year or longer must be recorded. Florida Code §725.01; 695.01.

GEORGIA
For Georgia, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease must be recorded. Georgia Code §44-7-1 onward.

HAWAII
For Hawaii, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Hawaii Code §656-1; 666-4; 503-83.

IDAHO
For Idaho, a lease of real estate with a term of more than one (1) year must be in writing and signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Idaho Code §9-503.

ILLINOIS
For Illinois, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease must be recorded. Illinois Code §740-80/2; 765-5/30.

INDIANA
For Indiana, a lease of real estate with a term of more than three (3) years must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than three (3) years must be recorded. Indiana Code §32-2-1-; 32-1-2-4.

IOWA
For Iowa, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. A lease does not need to be recorded. A tenant’s possession constitutes notice to third persons. Iowa Code §622.32-35.

KANSAS
For Kansas, a lease of real estate with a term of more than one (1) year must be in writing and signed. Kansas Code §33-105.

KENTUCKY
For Kentucky, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than five (5) years must be recorded. Kentucky Code §382.010, .080.

LOUISIANA
For Louisiana, a lease of real estate, referred to as a lease of immovable, may be written or oral. It may be recorded. Louisiana CC §2683.

MAINE
For Maine, a lease of real estate, other than a tenancy at will, must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than two (2) years or for an indefinite term must be recorded. Maine T.33, §201.

MARYLAND
For Maryland, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than seven (7) years must be recorded. Maryland Real Prop. Art. §3-101, 5-101, 102.

MASSACHUSETTS
For Massachusetts, an oral lease creates only a tenancy at will. Leases for a definite time period must be in writing. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than seven (7) years must be recorded. Massachusetts C. 183, §3-4.

MICHIGAN
For Michigan, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than three (3) years must be recorded. Michigan CLA §565.35; 566.108.

MINNESOTA
For Minnesota, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than three (3) years must be recorded. Minnesota Code §507.01, .34; 513.04.

MISSISSIPPI
For Mississippi, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Mississippi Code §15-3-1; 89-8-1 onward; 89-7-1 onward.

MISSOURI
For Missouri, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease may be recorded. Missouri Code §432.010, .050.

MONTANA
For Montana, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. A tenant’s open possession of the premises constitutes such actual knowledge. Montana Code §28-2-903; 70-21-2, 102, 203, 304.

NEBRASKA
For Nebraska, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Nebraska Code §36-105.

NEVADA
For Nevada, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. Nevada Code §111.210; Chapter 118A.

NEW HAMPSHIRE
For New Hampshire, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than seven (7) years must be recorded. New Hampshire C. 506, §1-2; C. 477, §7; C. 540.

NEW JERSEY
For New Jersey, a lease of real estate with a term of three (3) years or more is at will, unless in writing or signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of two (2) years must be recorded. A tenant’s possession of the premises constitutes actual knowledge. New Jersey Code §25-1-1; 46-16-1; 46-22-1.

NEW MEXICO
For New Mexico, a lease of real estate with a term of three (3) years or more must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of five (5) years or more must be recorded. New Mexico Code §14-9-1; Common Law.

NEW YORK
For New York, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than three (3) years must be recorded. New York G.O.L. §5-703; R.P.L. §290, 291.

NORTH CAROLINA
For North Carolina, a lease of real estate with a term of more than three (3) years must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than three (3) years must be recorded. North Carolina Code §47-18, 20, 20.4, 118.

NORTH DAKOTA
For North Dakota, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, the tenant must take possession of the real estate or the lease must be recorded. North Dakota Code §9-06-04; 47-19-03.

OHIO
For Ohio, a lease of real estate with a term of more than three (3) years must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease must be recorded. A tenant’s physical possession of the premises constitutes such actual knowledge. Ohio Code §1335.04; 5301.25.

OKLAHOMA
For Oklahoma, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease must be recorded. A tenant’s physical possession of the premises constitutes such actual knowledge. Oklahoma Code §16-4, 15.

OREGON
For Oregon, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease must be recorded. A tenant’s physical possession of the premises constitutes notice to third persons. Oregon Code §93.020, .710.

PENNSYLVANIA
For Pennsylvania, a lease of real estate with a term of more than three (3) years must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than twenty-one (21) years must be recorded. For leases with a term of twenty-one (21) years or less, recording is not required if the tenant takes possession of the premises. Pennsylvania Code §68-250.201, .202; 16-9751.

RHODE ISLAND
For Rhode Island, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Rhode Island Code §34-11-1.

SOUTH CAROLINA
For South Carolina, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. South Carolina Code §27-23-60; 27-33-30.

SOUTH DAKOTA
For South Dakota, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. South Dakota Code §53-8-2; 43-32-5; 43-28-17.

TENNESSEE
For Tennessee, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than three (3) years must be recorded. Tennessee Code §29-2-101; 66-7-101; 66-24-103.

TEXAS
For Texas, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease must be recorded. A tenant’s possession of the premises constitutes such actual knowledge. Texas Prop. Code §5.021; Bus. & Comm. Code §26.01.

UTAH
For Utah, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease must be recorded. A tenant’s possession of the premises constitutes such actual knowledge. Utah Code §25-5-3; 57-3-2.

VERMONT
For Vermont, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Vermont Code §27-342.

VIRGINIA
For Virginia, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than five (5) years must be recorded. Virginia Code §11-1, 2(6).

WASHINGTON
For Washington, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than two (2) years must be recorded. Washington Code §59.04.010; 59.18.210; 65.08.060-.070.

WEST VIRGINIA
For West Virginia, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease must be recorded. A tenant’s possession of the premises puts third persons on notice as to the lease. West Virginia Code §36-1-3; Common Law.

WISCONSIN
For Wisconsin, a lease of real estate with a term of more than one (1) year must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than one (1) year must be recorded. Wisconsin Code §706.01-.08.

WYOMING
For Wyoming, a lease of real estate, with a term of more than one (1) year, must be in writing and must be signed. To be effective against creditors and subsequent purchasers without actual knowledge of the lease, a lease with a term of more than three (3) years or more must be recorded. Wyoming Code §1-23-105; 34-1-102.

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This is not a substitute for legal advice. An attorney must be consulted.