Code III - Leases Flashcards
Lease
contract where lessor gives the use of a thing for a term to a lessee in return for a rent
Elements of a Lease
- consent of the parties
- the thing
- the rent
The thing
all things susceptible of of ownership (except those that cannot be used without being destroyed) may be the object of a lease
The Rent
must be CERTAIN or DETERMINABLE by method agreed on by the parties (need not be money)
Form requirement
NONE even for immovables
Lease and Public Records Doctrine
unrecorded leases are NOT enforceable against 3ps
Notice of lease may be recorded instead of lease, must contain:
1. names, addresses, and signatures of the parties
2. date of execution
3. brief description of leased property
4. The term
5. any renewal or purchase options
6. reference to any options, rights of first refusal, or other agreement of the lessor to transfer the leased premises
exceptions to public records doctrine
unrecorded lease of immovable may be enforced against purchaser who:
1. purchases the leased thing “subject to” unrecorded leases or assumes the lessor’s obligations under the lease
2. Accepts rent from the lessee of an unrecorded lease (ratifies the lease)
Types of Leases
- Residential = thing to be occupies as a dwelling
- Agricultural = a predial estate to be used for agriculture
- Mineral = for production of minerals
- Commercial = used for business or commercial purposes
- Consumer = movable intended for the lessee’s personal or familial use outside his trade or profession
Application Fee in Residential Leases
Lessor must give written notice of:
1. amount of fee
2. does lessor consider credit score, employment hist, crim hist, or evicition records
3. applicant may share a statement explaining applicant has experienced financial hardship from disaster or emergency (COVID, Hurricane)
Lease Term Requirement
Must have a term
Perpetual leases INVALID
need NOT contain precise term to be valid
No term, law will provide one
Lease with indeterminate Term
Ag lease = year-to-year
non-ag lease of immovable OR residential lease of a movable = month-to-month
non-residential lease of movables = day-to-day
Tacit Reconduction
lease with a FIXED term continues if possession remains after certain amount of time after conclusion of fixed term without opposition of lessor
continues under same provisions
treated as a lease with an indeterminate term
Time Periods for Reconduction
Ag Leases: 30 days
Non-Ag: 1 Week
fixed terms equal to or less than one week:1 day
Term of Reconducted Lease
**Ag Lease: ** Year-to-Year
Non-Ag: month-to-month when the lease term is a month or longer;
day-to-day (day - month);
equal to expired term (< day)
Termination of Lease w/Fixed Term
at expiration of the term