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Leases

An owner of real property has the right to the benefits from the use of the property. This incident of ownership can be exercised by leasing the property to others in return for payment of rents. In a lease, the owner surrenders the right of possession to a lessee for a specific period of time. Most states require that a lease for a period greater than one year be in writing.

Most leases allow the owner to enter the leased property to make repairs. The lessee, or tenant, assumes certain other responsibilities. In addition to the obligations stated in the lease, all states require the owner to assume other responsibilities, such as providing a livable space and making prompt repairs. State statutes also control the owner's ability to terminate the lease and evict the tenant. Reviewing, interpreting, and enforcing lease obligations is a large part of a paralegal's job when working for a lawyer employed by a local Legal Aid society or a lawyer who represents property owners.

Commercial leases are often more complicated than ordinary residential property leases. These leases might include provisions requiring the lessee to maintain insurance, describing the responsibility for alterations to the property, and governing the ability of the tenant to transfer the interest under the lease by means of a sublease. Paralegals frequently draft or review these provisions for clients concerned about the limitations created in a lease.

  1. Home
  2. Being a Paralegal
  3. Real Property
  4. Leases
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