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In your opinion, is this a lease?

Stamford, CT |
Filed under: Real estate

Additionally, does this document, signed by both parties, give rise to rights such that the lessee could sell it's rights to a lease to a third party?
*Personal/names have been redacted.

Party A, Inc. (TH) and Party B (JC) agree as follows:
1. TH agrees to lease the entire first floor of (ADDRESS)for use as a restaurant.
2. Both parties agree that the monthly rent will be US$7,000; TH also agrees to pay its share of the real estate taxes, insurance and maintenance; and TH agrees to a 4% annual rent escalation.
3. TH will be responsible for applying to (name)Town Hall for a CO (Certificate of Occupancy). From the date the CO is obtained, TH will commence making rent and all other payments.
*More in comments section*

4. The lease term is 10 years. 5. The formal lease will be written in English, will be supplied by JC and will be signed once TH agrees. 6. Each party will hold one copy of this agreement. This agreement will have the same legal effect as the formal lease agreement. (Party A) Representative: (Jane Smith) (Party B) Representative: (John Doe) Date: 6/30/03

Attorney Answers 2


Yes as bad as it is, it contains a term, the rent obligation and the use. so it may very well suffice if the question is whether it is transferable to another party.

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Thank you, Mr. Block. Exactly as we thought you would answer. Just doing a final gut check on one element before oral arguments before the appellate court in a few days. As of yet, I have not found an attorney that supports the plaintiffs absurd claims, including that the lease was a fiction, written on the back of a napkin. Worse than that claim was the fact that a judge "agreed" with the plaintiff after a trial and rendered an absolute cut and paste decision based LITERALLY word for word on the plaintiff's memorandum of (non) law and findings of (non) facts. Included were countless spelling and grammatical errors. Independent contractor law? Gutted. Vicarious liability concepts? Re-written! Test for gross negligence standards reduced to ordinary negligence. Corporate veil? Pierced without the accusation or proof of fraud! All done without a single citation from evidence, testimony, or that stubborn thing that judges like to visit on occasion, the law. Judicial malpractice at its finest. Soon to come to a theater near you, post reversal, motion for reasonable attorney's fees. The fact that the motion will have to go before the original trial court judge is insane. Anyhow, thank again.


This is a pretty awful bare bones agreement, but it does comprise the basics of a lease. Offer +Consideration = contract.

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