Leases, notice and holding over

Section 105 identifies the lessor, lessee, premium and rent. Section 107 deals with how leases are made: the central rule for year-to-year leases, terms exceeding one year and leases reserving yearly rent requires a registered instrument. Read the whole provision and applicable state rules rather than relying on a label such as 'rent agreement'.

Section 106's default rules operate in the absence of a contrary contract, local law or usage. Agricultural or manufacturing leases are deemed year-to-year with six months' notice; other purposes month-to-month with fifteen days' notice. Under subsection (2), the period starts on receipt of notice. Subsections (3) and (4) deal with a short notice period and the form and service of notice.

Section 111 lists several ways a lease determines, including expiry of time, surrender and forfeiture. Section 116's holding-over rule involves assent, such as acceptance of rent, after the lease has determined; mere continued occupation does not settle every case. Section 117 limits the chapter's application to agricultural leases, subject to notification.