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Georgia Real Estate
Chapter 22
Term | Definition |
---|---|
leasehold estate | A tenant's right to occupy the land and/or buildings |
periodic estate | one for a definite period of time with an automatic renewal if not terminated. A month-to-month lease is an example of this. |
estate for years | a lease with a specific starting date and a specific ending date. It can be for any length of time, does not automatically renew itself, and does not require notice to terminate |
estate at will | for an indefinite period of time and can be terminated by either the landlord or the tenant giving notice. In Georgia, the notice requirement for the tenant is 30 days and the requirement for the landlord is 60 days |
tenancy at sufferance | occurs when a tenant stays beyond the legal tenancy without the consent of the landlord. The tenant is called a holdover tenant. |
periodic estate | one for a definite period of time with an automatic renewal if not terminated. A month-to-month lease is an example of this. |
gross lease | the tenant pays a fixed rent, and the landlord pays all the operating expenses of the property. Most residential leases are gross leases. |
participation clause | Office and industrial leases often include an escalator or participation clause. This allows the landlord to pass along to the tenant increases in property taxes, utility charges, and maintenance. |
net lease | When a tenant pays for all the property taxes, insurance, repairs, utilities and so on, in addition to the base rent |
percentage lease | the owner receives a percentage of the tenant’s gross receipts as rent. |
index lease | The rent would be indexed to some economic indicator. If there is inflation, rents increase; if there is deflation, rents decrease. |
Option clauses | give the tenant the right at some future time to purchase the property at a predetermined price |
assignment | he total transfer of the lessee's rights to another person. The assignor remains liable for the performance of the contract, unless released in writing by the landlord. |
sublet | to transfer only a portion of the rights held under a lease. The original lessee is the sublessor. The sublessee pays rent to the lessee who, in turn, remains liable to the landlord for rent on the entire premises. |
actual eviction | process begins with the landlord having a notice served on the tenant requiring the tenant to comply with the lease agreement or move out. If the tenant neither complies nor vacates, the landlord takes the matter to court. |
constructive eviction | A lease agreement may also be terminated This occurs when the landlord does not keep the premises fit for occupancy. |
nondisturbance clause. | an agreement of a lender to not disturb a performing tenant on a valid lease in the event the lender has to foreclose. |