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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
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
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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