Also known as: demised premise · leased premises
Written by attorneys · grounded in primary & secondary sources — see below
The real property or portion thereof transferred by a landlord to a tenant under a lease for the tenant's exclusive possession and use during the lease term.
Denise Donovan leased a retail storefront from Desert Oil under a covenant requiring her to maintain and keep the interior in good order. After three years the flooring showed heavy wear from customer traffic. Desert Oil demanded that Denise repair the flooring at her expense. Because the lease contained no exclusion for ordinary wear and tear, Denise must perform the repairs on the demised premises.
Demetrius Douglas leased a warehouse from Davenport Pharmaceuticals. The lease required him to maintain the premises and surrender them in the same condition as at the start of the term. A fire destroyed the building. Davenport demanded that Demetrius rebuild. Because the lease lacked an express rebuilding obligation after casualty, Demetrius owes no duty to reconstruct the demised premises.
Select any source to read its text and confirm it supports the definition.
Damian Decker rented an apartment from Dolores Diaz. Severe plumbing defects made the unit uninhabitable. Damian remained in possession and sued for damages. The court measured damages by the reduced value of the demised premises even though Damian never left the property.
Dylan Duffy leased office space from Dominion Capital. Repeated flooding rendered the space unusable. The lease stated that Dylan had examined the demised premises and accepted them as is. Dylan nevertheless recovered damages because the flooding constituted a material interference with use of the leased space.
Doris Duffy leased a ground-floor apartment from a building owner. A bar on the floor above created intolerable noise. The lease contained no noise-related restrictions. Doris successfully claimed breach of the covenant of quiet enjoyment because the disturbance prevented reasonable use of the demised premises.
Duffy Construction leased warehouse space from a commercial landlord under a lease prohibiting assignment without consent. Duffy Construction sought to assign its interest to another firm. The landlord withheld consent for reasons unrelated to the assignee's financial ability. The court held that consent could not be unreasonably withheld when the assignment concerned the demised premises.
A month-to-month tenant at will cannot unilaterally assign the lease without landlord consent. The original tenant therefore remains bound by all lease obligations until a valid assignment or termination occurs.
A writing must identify the parties, the specific premises, the duration, the rent, and bear the signature of the party to be charged. An agreement that refers only to generic kitchen space without a fixed location or term does not satisfy these requirements.
No. A landlord-tenant relationship requires transfer of exclusive possession of an identifiable, fixed space. An agreement that lets the landlord move the user among different rooms daily creates only a revocable license, not a lease of any specific room.
Yes. A leasehold estate is a recognized interest in land. When the lessor grants a long-term ground lease of property benefited by a recorded covenant, the lessee succeeds to that interest and may enforce the restriction during the lease term.
…(1960) 181 Cal. App.2d 289 [5 Cal. Rptr. 263], the court adopted the majority rule: " [W]here a subletting or assignment of the leased premises without the consent of the lessor is prohibited, he may withhold his assent arbitrarily and without regard to the qualifications of the proposed assignee, unless ... the lease provides that…