Section 5 Landlord’s Title

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

Rarely, if ever, does the tenant or the tenant’s attorney investigate the status of the landlord’s title. Frequently, one or more parties to the transaction may be generally aware of the landlord’s ownership, but the parties seldom actually check the records to confirm the exact name of the person or entity that holds title or to confirm the exact nature of the owner’s title. Thus, in many cases, no accurate information is obtained regarding the landlord’s title or right to execute the lease. The tenant’s leasehold estate should be protected by a leasehold title insurance policy if the tenant intends to:

use the premises on a long-term basis or under such circumstances that an unexpected move would be of concern;

place valuable improvements on the land; or

finance the lease.

A tenant who would never think of paying...