What is the difference between “express” and “implied” leases?

The distinction between express and implied leases is fundamental to understanding rental agreements and contractual obligations. An express lease is one that is clearly and explicitly stated, either in written form or verbally, where the terms and conditions are laid out for both parties. This clarity ensures that both the tenant and landlord have a mutual understanding of their rights and responsibilities.

In contrast, an implied lease arises from the actions and conduct of the parties involved rather than a formal written or verbal agreement. For instance, if a tenant begins to pay rent and the landlord accepts it without a formal lease in place, a court might interpret that arrangement as an implied lease based on the behavior and circumstances surrounding their interactions. Implied leases are often recognized by law to ensure that fairness is maintained, protecting the interests of parties even in the absence of clear, written terms.

Understanding these definitions is crucial for anyone involved in leasing, as it affects the legal rights and obligations of the landlord and tenant in various scenarios.