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The legal essence of a valid lease is that it conveys an exclusive right to use and occupy a property for a limited period of time in exchange for rent and the return of the property after the lease term is over.
The lessor often stipulates within the agreement that the lessee must pay a penalty upon execution of the termination. If a lease termination penalty is applicable and not previously included in the calculation of lease payments, the lessee will factor such penalty into the gain or loss calculation.
Termination means ending the lease contract, which can occur at the end date of the lease, or earlier, depending on how the lease is written. Default is an omission or failure by either Party to meet a provision of the lease.
A valid business lease will include the time period of the contract, information regarding how to renew the lease, and specific provisions on how either party may be able to stop the lease early.
*To be valid, a lease must meet the same essential elements as any other contract: capacity to contract, legal objective, offer and acceptance, and consideration.
Just like in any other contract, a valid lease must contain mutual agreement, consideration, capable parties, and lawful object.
Any difference between the carrying amounts of the right-of-use asset and the lease liability should be recorded in the income statement as a gain or loss; if a termination penalty is paid, that amount should be included in the gain or loss on termination.
California's Statute of Frauds requires a lease to be in writing if it either: 1. has a term longer than one year; or 2. has a term less than one year which expires more than one year after the agreement is reached. actually be maintained for thirteen months.