Question
The distinguishing feature of a leasehold interest is the right to exclusive possession and use of real property, for a fixed period of time, held
The distinguishing feature of a leasehold interest is the right to exclusive possession and use of real property, for a fixed period of time, held by the lessee (or "tenant"). The lessor (or "landlord"), having parted with this right to exclusive possession, merely holds the basic title (the "reversion") during the existence of the lease. In regards to contract specifics-the general rules regarding the creation of a lease (and contract), 1. mutual assent of landlord and tenant (i.e., an offer and an acceptance); 2. mutuality of obligation (i.e., neither party may have an unrestricted right to withdraw from the lease); 3. legal capacity of each party to contract (which, in general, excludes minors, persons of unsound mind, and persons deprived of their civil rights); and 4. lawful object. Is this contract void from the beginning? Why or why not. Use the facts to support your argument.
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