9. Landlord and Tenant - California Department of Real Estate

9 Landlord and Tenant The distinguishing feature of a leasehold interest is the right to exclusive possession and use of real property, for a fixed period of time, held by the lessee (or Tenant ). The lessor (or Landlord ), having parted with this right to exclusive possession, merely holds the basic title (the reversion ) during the existence of the lease . Hotel guests, licensees and employees may all be privileged to use a given space under certain contractual conditions, but since none of these has an exclusive right to possession, they are not governed by the laws regulating the relationship of Landlord and Tenant . A leasehold Estate itself is chattel real . Although the lessee has an Estate /interest in real property, the Estate is in fact a form of personal property, governed by laws applicable to personal property. Types of Leasehold Estates Most authorities classify leases into four categories, based on the lease term: Estate for years.

A lease is an oral or written agreement that creates and governs, by express or implied terms, a landlord-tenant relationship. A lease has two characteristics, each of which has its own set of rights and obligations: 1. a conveyance by the landlord to the tenant of an estate in real property covering the premises leased (which

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  Department, California, Real, Estate, Lease, California department of real estate

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