Recording Of Lease in United States

Practical Information

Note: Some of this information was last updated in 1982

Filing a copy of the lease (in U.S. law) with the proper official of the county where the leased property is located. State laws differ in the necessity for recording a short-term lease. As a practical matter, regardless of statute, a lease on property or space of any importance should be recorded by the lessee. Recording serves notice to the world that the lessee holds possession of the premises for a specified term; it assures one of possession against another leasing of the premises by the same owner and protects one’s possession if the lessor sells the property.

For recording purposes, a skeleton form of lease may be used. This serves the dual purpose of saving recording fees (which are generally based on the number of words, or the number of pages, in the document recorded) and of avoiding publicity as to the terms of the lease.

(Revised by Ann De Vries)

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