What is the difference between lease and property


The lease is a contractual relationship that is partially similar to the rental relationship. With the lease, the lessor grants the lessee the use of the leased property for a fee, but also grants him the right to use the fruits of the lease, unlike in the case of rent. Another difference to rent is the stipulation that the tenant must ensure that the inventory of the leased property is maintained and that he is not entitled to sub-lease the leased property. Agricultural land such as orchards and fields or restaurants and their inventory are usually leased. The amount of the rent often depends on the turnover that can be achieved by using the leased property.
Allotment garden lease
Since this special type of lease is very popular, the legislature has passed a separate allotment garden law. Similar to residential tenancy law, it primarily contains protective provisions in favor of allotment garden tenants. These include Information on the calculation of the rent and the stipulation that an ordinary termination, as in the housing rental law, is only permitted for special reasons.

§§ 581ff BGB;

Allotment garden G.

Rent and lease are very similar legal relationships, and it is not always easy to distinguish between them. However, since there are similar legal consequences in many cases, this does not play a major role. The distinction is clearest when recognizable "fruits" can be drawn. Whoever leases a farm should not only have the right to live there, but should also be able to order it. Above all, he should be given the right to appropriate the grain in the fields, be able to breed and sell cattle, pigs or similar animals, etc. Here the difference to rent becomes clear, because the lease is not only about leasing the leased property, but also about it Right of use goes.
If the tenant is given not only the house and land, but also items of inventory, they must be preserved and, if necessary, replaced in the event of damage or destruction. The entire inventory must be returned to the lessor at the end of the lease.
Most of the time, the lease period is expressly set for a certain period of time. If no relevant provisions have been made, the lease contract may only be terminated at the end of a lease year, with termination at least six months earlier.
Other special regulations apply to land leases.
A contract that lasts longer than 2 years must be concluded in writing, otherwise it is deemed to have been concluded for an indefinite period. At the beginning of the lease, the lessee and lessor should jointly describe what is to be leased, and in particular the condition of the leased items should also be recorded. The same should also take place when the lease is terminated. The description of the leased property may even be given to an expert. If the tenant dies, his heirs have the option of requesting the continuation of the lease if they are able to properly manage the lease. However, you must then object to a possible termination by the lessor in good time within a period of 3 months.

A contract of the law of obligations similar to the rental agreement. It differs from this only in that the lessor allows the lessee not only to transfer the possession and use of the leased property or the leased right (in the subjective sense) but also to draw the fruits of the leased property or the leased right. For example, agricultural land or commercial operations are mostly leased and not rented out. The tenant pays a rent (interest), which is often simply called "the lease". In addition, the provisions on the rental agreement apply to the lease (§581 BGB). However, there is no protection against dismissal, as is the case with apartment rental, with the exception of leasing allotment gardens.

1) The lease agreement obliges the lessor to allow the lessee to use the leased property and enjoy the fruit. The tenant must pay the agreed rate of interest. The P. can i. In contrast to rent, refer not only to things, but also to rights. Furthermore, the rent only grants the use of the rented property, while the lessee is also entitled to the fruits of the rented property. In legal terms, the lease is largely aligned with the rent. Unless otherwise provided in the G, the provisions on rent apply to the P. accordingly; Sections 581 ff. BGB. - 2) The tenant of a piece of land must receive the inventory according to the rules of a proper economy in the condition in which it was handed over to him. The pieces acquired by him become the property of the lessor. After the end of the lease, the lessee must return the existing inventory. Land lease. - 3) Unless otherwise agreed, the termination can only be validly pronounced for the end of a lease year, at the latest on the first working day of the half year at the end of which the P. is to end. If the lessee does not return the leased object after the P., the lessor can demand compensation for use for the duration of the withholding; the assertion of further damage is not excluded (§ 597 BGB). Leaseholder lien. - 4) In different P. relationships, there is a special legal protection for the tenant, lease protection, partial contract.

In tenancy law:

There is a close legal relationship between tenancy agreements and lease agreements. The tenant of a thing has the right to use the thing rented to him. The leaseholder has more extensive rights than the tenant and is entitled, beyond the use of the rented property, to generate income from the intended use of the leased property.
One can regularly speak of a lease agreement if, for example, a fishing club leases part of a stream and catches and sells fish as income from the lease. Likewise, the tenant of a forest property can draw a profit from the lease by financially utilizing the felled wood. It is often very difficult to decide in individual cases whether you have a rental agreement or a lease agreement. In any case, how the parties call the agreement is not decisive for the legal classification. If there are disputes, the responsible judge must regularly conduct legal investigations as to whether the agreement should only be given a right of use (rent) or, in addition, a right of fraud (lease) to the beneficiaries.
As a clue for the distinction between the two terms, for example, the contractual partner is given inventory in addition to the premises: In this case, there is usually a lease.
In accordance with Section 581 (2) of the German Civil Code (BGB), the provisions on rent apply accordingly to lease contracts. However, certain special features must be taken into account when concluding lease agreements. This should be discussed briefly:
If inventory is also leased, this remains the property of the lessor in any case. However, the tenant must ensure that the inventory is maintained at his own expense (cf. § 586 BGB). At the end of the lease period, the lessee must return the inventory items taken over in a usable condition.
If no notice periods have been agreed in the lease, Section 595 of the German Civil Code (BGB) applies to the termination of properties and rooms. This special statutory regulation only permits termination at the end of a lease year subject to a six-month notice period. As a rule, the tenant has no protection against dismissal as in housing tenancy law. However, this may be different for agricultural land or allotments. When a lease is terminated, the lessor must observe the limitation period of § 548 BGB with regard to the surrender or replacement of the lease inventory. The tenancy law reform of 1.9. 2001 brought practically no changes here.
Other keywords:
Garage, business space rental, mixed rental

(§§ 581 ff. BGB). The lease is a mutual contract under the law of obligations by which the lessor undertakes, in return for payment of the agreed rent, to grant the lessee the use of the leased property and the enjoyment of the fruits that arise in a proper economy. The P. differs from rent in that it can refer not only to things, but also to rights (e.g. patent rights), but above all in that it not only grants use, but also use ( e.g. harvest yield of a leased farm, rent of a leased house). However, apart from the special features regulated in §§ 582 ff. BGB, the regulations on rent apply accordingly to the P.
Special laws apply to certain leases: for example, the Federal Allotment Garden Act for allotment gardens, and sections 11-14 BJagdG with the implementation laws of the federal states for hunting leases.

(§ 581 BGB) is the mutual contract in which one part (lessor) undertakes, the other part (lessee) the use of the leased property and the enjoyment of the fruits, insofar as they are to be regarded as income according to the rules of a proper economy during the lease period and the other party undertakes to pay the agreed rent. The P. differs from rent in that it extends beyond property and the granting of use, but tenancy law applies to a large extent to it (§ 581 II BGB, deviating from §§ 582-584b BGB). Land leases, allotment garden leases, hunting leases and fishing leases are special cases. Lit .: Wolf E./Eckert, H./Ball, W., Handbook of commercial tenancy, leasing and leasing law, 9. A. 2004; Gerber, W./Eckert, H., Commercial Tenancy and Lease Law, 6. A. 2004

Lease agreement.

Previous technical term: P account | Next technical term: lease loan

Status of the page: Up to date. Released after review.


Further terms: housekeeping, double | suitable attempt | Total offer