landlord & tenant

mesne profits

Mesne (reads as “mean”) profits is the damages for trespass. The term “mesne profits” means “intermediate profits.” (See Cracchiolo v. State, 146 Ariz. 452(Appeals Court, Division 2,1985) for more detail.) If a trespasser has created any damage to the...

month-to-month

Month-to-month means a renewable term of one month. The term “month-to-month” is normally used in the context of tenancies and it refers to a tenancy in which the tenant pays monthly rent and there is no fixed-term lease. In such an...

month-to-month tenancy

A month-to-month tenancy is a periodic tenancy that does not have an expiration date and thus runs for an indefinite time. The tenant continues as such and pays the monthly rent to the landlord until one of the parties gives notice to...

net lease

A net lease is a type of lease agreement that is commonly used in a commercia real estate lease. In a lease agreement, the basic element is the base rent, which is the amount of money that the tenant must pay for occupying the real estate, and...

notice to quit

In landlord-tenant law, notice to quit often refers to the act of a landlord providing a tenant with a written notice of the landlord’s demand for the tenant to vacate the premises within a given amount of time. State statutes govern the...

occupancy

Occupancy is a concept in property law defined as the state of possessing or residing on a piece of property. Both owners and tenants can be in occupancy of a property.

Actual occupancy of a piece of property is a necessary...

occupant

Occupant is someone living in or using a premise or property as a tenant or owner, or someone has occupancy of a premise or property. An occupant does not need to be a tenant or owner, but can be someone living or using a property with the intention of...

open mines doctrine

The open mines doctrine is a common law doctrine in property law that permits a life tenant to commit voluntary waste on a piece of land by depleting it of natural resources. The general rule is that a life tenant should avoid committing...

ouster

In property law, the act of wrongfully excluding someone, especially a cotenant, from real property. Acts such as changing the locks, posting “no trespassing” signs, or physically denying a cotenant admittance to a piece of property are all considered...

pay or quit

A pay or quit notice is the first step of the eviction process. A pay or quit notice is served by a landlord to a tenant after a breach of the lease agreement, most commonly for nonpayment of rent. The notice demands that the tenant pay the...

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