Landlord's Lien
A type of lien that can be created by contract
or by operation of law. Some examples are: ) a
contractual landlord's lien as might be found in
a lease agreement; 2) a statutory landlord's
lien; and 3) landlord's remedy of distress (or
right of distraint), which is not truly a lien
but has a similar effect. See also "Lien".
Landlord's Lien or Warrant
A warrant from a landlord to levy upon a
tenant's personal property (e.g., furniture,
etc.) and to sell this property at a public sale
to compel payment of the rent or the observance
of some other stipulation in the lease.
Lease
An agreement whereby the owner of real property
(i.e., landlord/lessor) gives the right to
possession to another (i.e., tenant/lessee) for
a specified period of time (i.e., term) and for
a specified consideration (i.e., rent).
Lease Agreement
The formal legal document entered into between a
landlord and a tenant to reflect the terms of
the negotiations between them; that is, the leas
terms have been negotiated and agreed upon, and
the agreement has been reduced to writing. It
constitutes the entire agreement between the
parties and sets forth their basic legal rights.
Lease Commencement Date
The date usually constitutes the commencement of
the term of the lease for all purposes, whether
or not the tenant has actually taken possession
so long as beneficial occupancy is possible. In
reality, there could be other agreements, such
as an early occupancy agreement, which have an
impact on this strict definition.
Leasehold Improvements
Improvements made to the leased premises by or
for a tenant. Generally, especially in new
space, part of the negotiations will include in
some detail the improvements to be made in the
leased premises by landlord. See also "Tenant
Improvements".
Legal Description
A geographical description
identifying a parcel of land by government
survey, metes and bounds, or lot numbers of a
recorded plat, including a description of any
portion thereof that is subject to an easement
or reservation.
Legal Owner
The term is in technical contrast to equitable
owner. The legal owner has title to the
property, although the title may actually carry
no rights to the property other than as a lien.
See also "Lien".
Letter of Attornment
A letter from the grantor to a tenant, stating
that a property has been sold, and directing
rent to be paid to the grantee (buyer). See also
"Attorn".
Letter of Credit
A commitment by a bank or other person, made at
the request of a customer, that the issuer will
honor drafts or other demands for payment upon
full compliance with the conditions specified in
the letter of credit. Letters of credit are
often used in place of cash deposited with the
landlord in satisfying the security deposit
provisions of a lease.
Letter of Intent
A preliminary agreement stating the proposed
terms for a final contract. They can be
"binding" or "non-binding". This is the
threshold issue in most litigation concerning
letters of interest. The parties should always
consult their respective legal counsel before
signing any Letter of Intent.
Lien
A claim or encumbrance against property used to
secure a debt, charge or the performance of some
act. Includes liens acquired by contract or by
operation of law. Note that all liens are
encumbrances but all encumbrances are not liens.
Lien Waiver (Waiver of
Liens)
A waiver of mechanic's lien rights, signed by a
general contractor and his subcontractors, that
is often required before the general contractor
can receive a draw under the payment provisions
of a construction contract. May also be required
before the owner can receive a draw on a
construction loan.
Like-Kind Property
A term used in an exchange of property held for
productive use in a trade or business or for
investment. Unless cash is received, the tax
consequences of the exchange are postponed
pursuant to Section 1031 of the Internal Revenue
Code.
Limited Partnership
A type of partnership, created under state law,
comprised of: one or more general partners who
manage the business and who are personally
liable for partnership debts; and one or more
special or limited partners who contribute
capital and share in profits but who take no
part in running the business and incur no
liability over and above the amount contributed.
See also "General Partner".
Listing Agreement
An agreement between the owner of a property and
a real estate broker giving the broker the
authorization to attempt to sell or lease the
property at a certain price and terms in return
for a commission, set fee or other form of
compensation. See also "Exclusive Listing
Agreement".
Long Term Lease
In most markets, this refers to a lease whose
term is at least three years from initial
signing until the date of expiration or renewal
option.
Lot
Generally, one of several contiguous parcels of
land making up a fractional part of subdivision
of a block, the boundaries of which are shown on
recorded maps and "plats".
Low Rise
A building with
fewer than four stories above ground level.
Lump Sum Contract
A type of construction contract requiring the
general contractor to complete a building or
project for a fixed cost normally established by
competitive bidding. The contractor absorbs any
loss or retains any profit.