Section 4 Description of the Property

• Library: Real Estate Leasing and Landlord-Tenant Actions and Remedies 2011

An accurate description of the property to be covered by the lease is important to both the landlord and the tenant. With multi-tenant buildings or developments, the lease should clearly spell out the rights of the tenant to use common areas and facilities, including parking, that serve the entire building or development. Even with small properties there may be a question as to whether the lease covers only the building or the building and the entire lot on which it is situated. McDaniel v. Willer, 216 S.W.2d 144 (Mo. App. E.D. 1948). There should be no question as to whether additional property to be furnished to the tenant after the commencement of the term constitutes a part of the premises demised by the lease. Rhoden Inv. Co. v. Sears, Roebuck & Co., 499 S.W.2d 375 (Mo. 1973). Likewise, property covered by expansion rights should be specifically identified. When improvements are to be constructed by either party, the improvements should be properly described, the construction obligations adequately addressed, and the ownership of the improvements specified. If the tenant is to construct improvements, mechanic’s liens may be a concern. See §1.11 below for a further discussion of this issue.

If the lease or a...