Lease FAQ

Q: Must a tenant make a lease with only the property owner?
A: No, a lessor doesn’t need to be the property owner to lease out a property. However if a lessor has the authority or legal right to lease out a property then the property owner is bound by the lease.
Q: What happens if a tenant dies and has made a will to transfer lease rights to an heir?
A: A lease is a personal right. A lease contract is specific to the lessee. If a lessee dies, the contract must be extinguished and the lease right can not be transferred to an heir. A lease may be transferred only during the life of the lessee.
Q: A usufructuary leases out a property to someone and later on the usufructuary dies. What will happen to the lease?
A: If a usufructuary leases a property to someone, the lease contract is still valid regardless the death of the usufructuary.
Q: How does a promise to lease bind the parties and their successors?
A: A promise to lease is a personal right and will bind the parties only. It does not bind a transferee of the property.

If you wish to make a valid lease, you must verify all terms and conditions according to your intentions.

Our office can assist you with drafting or reviewing a lease and can give you legal advice about protecting your interests.