The agreement by which one party holds possession of the real property owned by another is a lease. The person who owns the real property is known as the lessor or landlord. The lessee, or tenant, is the one who occupies the property.
The relationship of landlord and tenant is created by contract. An oral lease is valid at common law, but statutes in most States require written leases for certain tenancies. Many States provide that a lease for a term exceeding three years must be in writing. Statutes in other States require written leases when the term exceeds one year.
The following elements are necessary to the establishment of the relationship of landlord and tenant:
" The occupying of the land must be with the consent of the landlord.
" A reversionary interest in the land must remain in the landlord. That is, the landlord must be entitled to retake the possession of the land upon the expiration of the lease.
" The tenant must have present possession in the land. This means a right to be in possession of the land now.
A San Jose California Lease or Rental of Vacant Property or Lot with Lessee to have the right to Construct Improvements refers to a legal agreement between a property owner or lessor and a lessee who wishes to lease or rent a vacant property or lot in San Jose, California, with the added privilege of making improvements to the property. This type of lease arrangement allows the lessee to have the exclusive right to use and occupy the vacant property or lot for a specified period, typically outlined in the lease agreement. The lessee is also granted the authority to construct improvements on the property, which could include anything from building structures, additions, or making other modifications to enhance the property's functionality or value. There are various types or categories of San Jose California Lease or Rental of Vacant Property or Lot with Lessee to have the right to Construct Improvements, depending on the specific terms and conditions negotiated between the lessor and lessee. Some common types include: 1. Commercial Lease: This type of lease is commonly used by businesses or commercial entities looking to lease a vacant property or lot for the purpose of constructing improvements, such as office spaces, retail stores, or other commercial facilities. The lessee often has the option to customize the property according to their business needs, subject to the lessor's approval. 2. Residential Lease: While less common in the context of allowing lessees to construct improvements, a residential lease with the right to construct improvements could be applicable in certain scenarios. For instance, a lessee may lease a vacant lot or property to build a custom home, subject to local building codes and regulations. 3. Industrial Lease: Industrial leases are typically used for manufacturing or warehouse purposes. In this case, the lessee may rent a vacant property or lot to construct or modify an industrial facility, such as factories or storage warehouses, based on their specific operational requirements. 4. Ground Lease: A ground lease involves leasing a vacant property or lot for an extended period, with the lessee having the right to construct improvements on the land. This type of lease is commonly seen in cases where the landowner wishes to retain ownership of the land while allowing the lessee to develop or modify it. It's important to note that the specific terms, conditions, and limitations regarding construction improvements and other aspects of the lease agreement will vary depending on the negotiated agreement between the lessor and lessee. It is advisable for both parties to seek legal guidance when creating or signing San Jose California Lease or Rental of Vacant Property or Lot with Lessee to have the right to Construct Improvements contracts to ensure compliance with local laws and regulations.
