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Possession By A Tenant Under A Lease Not Complying with the Statute of Frauds

P.J. DeSantis

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Abstract

Where a person enters into the occupation of premises under a lease which fails to comply with the provisions of the statute of frauds, the problem as to his legal status arises.For example, L orally leases a store to T for a term of ten years at a stated rental.Such a lease violates the statute of frauds but despite that fact T goes into possession and pays rent.What relationship arises between L and T? If the relationship is that of landlord and tenant, what are the character and terms of the tenancy?The answers to these questions constitute the scope of this note.

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Where a person enters into the occupation of premises under a lease which fails to comply with the provisions of the statute of frauds, the problem as to his legal status arises.For example, L orally leases a store to T for a term of ten years at a stated rental.Such a lease violates the statute of frauds but despite that fact T goes into possession and pays rent.What relationship arises between L and T? If the relationship is that of landlord and tenant, what are the character and terms of the tenancy?The answers to these questions constitute the scope of this note.

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Available abstract

Where a person enters into the occupation of premises under a lease which fails to comply with the provisions of the statute of frauds, the problem as to his legal status arises.For example, L orally leases a store to T for a term of ten years at a stated rental.Such a lease violates the statute of frauds but despite that fact T goes into possession and pays rent.What relationship arises between L and T? If the relationship is that of landlord and tenant, what are the character and terms of the tenancy?The answers to these questions constitute the scope of this note.

Key concepts: Possession (linguistics), Lease, Statute, Business, Law, Adverse possession, Computer security, Internet privacy

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