Description of leased premises: Overview, definition, and example
What is a description of leased premises?
A description of leased premises refers to a detailed statement or specification in a lease agreement that outlines the physical characteristics and boundaries of the property being leased. This description includes important details such as the address, the size of the property, the layout, and the specific area or unit that is being rented. It may also include reference to any common areas that tenants have access to, such as parking lots or shared facilities.
The purpose of the description of leased premises is to clearly define what is included in the lease, avoiding misunderstandings between the landlord and the tenant about the space being rented. A well-written description ensures that both parties are on the same page about what is being leased, and it can also help prevent disputes during the term of the lease.
Why is the description of leased premises important?
The description of leased premises is important because it provides clarity regarding the boundaries of the property being rented. For both the landlord and the tenant, this section of the lease ensures that both parties understand what space is being leased, what rights the tenant has to use that space, and any exclusions or limitations to that use.
For tenants, a clear description of the leased premises helps ensure that they are renting the intended space and that the lease terms are in line with their expectations. For landlords, providing a detailed description protects against potential claims from tenants that the space is not as expected or that they are entitled to use additional areas not included in the lease.
Understanding the description of leased premises through an example
Imagine a business entering into a lease agreement for office space in a commercial building. The lease agreement includes a description of the leased premises specifying that the tenant is renting the entire third floor of the building, with an area of 3,000 square feet. The description also includes a detailed floor plan showing the locations of offices, restrooms, and common areas like the building lobby. The lease states that the tenant has access to the third floor but does not have access to other areas of the building, such as the rooftop or basement.
In another example, a tenant rents a storefront in a shopping center. The description of leased premises specifies the unit number, the square footage of the space, and its location within the shopping center (e.g., next to a particular anchor store). The description also includes any parking spots that are specifically designated for the tenant’s use. This helps the tenant understand exactly what space they are renting and what shared areas they can access.
An example of a description of leased premises clause
Here’s how a clause regarding the description of leased premises might appear in a lease agreement:
“The Landlord agrees to lease to the Tenant the premises located at [Insert Address], comprising a total of [Insert Square Footage] square feet, as outlined in the attached floor plan. The premises include the designated unit [Insert Unit Number] and access to common areas such as restrooms and parking, as detailed in Exhibit A. The Tenant is not granted access to areas outside of the leased premises unless otherwise stated in this Agreement.”
Conclusion
The description of leased premises is a key component of a lease agreement, as it defines the exact space that is being rented. By providing clear and specific details about the property’s size, layout, and boundaries, both landlords and tenants can avoid confusion and ensure that the terms of the lease align with the expectations of both parties. A well-written description helps facilitate a smooth leasing process and prevents disputes related to the use of the property.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.