| Alabama: |
For
Alabama, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of twenty (20) years must be recorded.
Alabama Code §35-4-6. |
| Alaska: |
For
Alaska, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Alaska Code §09.25.020
and 34.15.260. |
| Arizona: |
For
Arizona, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
Arizona Code §44-101. |
| Arkansas: |
For
Arkansas, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Arkansas Code §4-59-101;
4-15-404. |
| California: |
For
California, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded to be effective
against others without actual notice of the lease.
California CC §1217,
1624; Gov’t. C. §27287. |
| Colorado: |
For
Colorado, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease may be
recorded. A
tenant’s possession of the real estate puts other persons on
notice of the lease. Colorado
Code §38-10-108;
38-35-122(1). |
| Connecticut: |
For
Connecticut, a lease of real estate with a term of more than one
(1) year must be in writing, and must be signed and attested by
two witnesses. To
be effective against creditors and subsequent purchasers without
actual knowledge of the lease, a lease with a term of more than
one (1) year must be recorded, like a deed.
Connecticut
Code §47-19. |
| Delaware: |
For Delaware, a
lease of real estate with a term of more than one (1) year must
be in writing and must be signed to be enforceable for more than
one (1) year. A
lease with a term of five (5) years or more must be recorded to
be enforceable. Delaware
Code §25-4107(a). |
| Florida: |
For
Florida, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed to be enforceable for
more than one (1) year. To
be effective against creditors and subsequent purchasers without
actual knowledge of the lease, a lease with a term of one (1)
year or longer must be recorded. Florida Code §725.01;
695.01. |
| Georgia: |
For
Georgia, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease must
be recorded. Georgia
Code §44-7-1
onward. |
| Hawaii: |
For
Hawaii, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Hawaii Code §656-1;
666-4; 503-83. |
| Idaho: |
For
Idaho, a lease of real estate with a term of more than one (1)
year must be in writing and signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Idaho Code §9-503. |
| Illinois: |
For
Illinois, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease must
be recorded. Illinois
Code §740-80/2;
765-5/30. |
| Indiana: |
For
Indiana, a lease of real estate with a term of more than three
(3) years must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than three (3) years must be recorded.
Indiana Code §32-2-1-;
32-1-2-4. |
| Iowa: |
For
Iowa, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
A lease does not need to be recorded.
A tenant’s possession constitutes notice to third
persons. Iowa Code §622.32-35. |
| Kansas: |
For
Kansas, a lease of real estate with a term of more than one (1)
year must be in writing and signed.
Kansas Code §33-105. |
| Kentucky: |
For
Kentucky, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than five (5) years must be recorded.
Kentucky Code §382.010,
.080. |
| Louisiana: |
For
Louisiana, a lease of real estate, referred to as a lease of
immovable, may be written or oral.
It may be recorded.
Louisiana CC §2683. |
| Maine: |
For
Maine, a lease of real estate, other than a tenancy at will,
must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than two (2) years or for an indefinite term
must be recorded. Maine
T.33, §201. |
| Maryland: |
For
Maryland, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than seven (7) years must be recorded.
Maryland Real Prop. Art. §3-101,
5-101, 102. |
| Massachusetts: |
For
Massachusetts, an oral lease creates only a tenancy at will.
Leases for a definite time period must be in writing.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than seven (7) years must be recorded.
Massachusetts C. 183, §3-4. |
| Michigan: |
For
Michigan, a lease of real estate with a term of more than one
(1) year must be in
writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than three (3) years must be recorded.
Michigan CLA §565.35;
566.108. |
| Minnesota: |
For
Minnesota, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than three (3) years must be recorded.
Minnesota Code §507.01,
.34; 513.04. |
| Mississippi: |
For
Mississippi, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Mississippi Code §15-3-1;
89-8-1 onward; 89-7-1 onward. |
| Missouri: |
For
Missouri, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease may be
recorded. Missouri
Code §432.010,
.050. |
| Montana: |
For
Montana, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
A tenant’s open possession of the premises constitutes
such actual knowledge. Montana Code §28-2-903;
70-21-2, 102, 203, 304. |
| Nebraska: |
For
Nebraska, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Nebraska Code §36-105. |
| Nevada: |
For
Nevada, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
Nevada Code §111.210;
Chapter 118A. |
| New
Hampshire: |
For
New Hampshire, a lease of real estate with a term of more than
one (1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than seven (7) years must be recorded.
New Hampshire C. 506, §1-2;
C. 477, §7;
C. 540. |
| New
Jersey: |
For
New Jersey, a lease of real estate with a term of three (3)
years or more is at will, unless in writing or signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of two (2) years must be recorded.
A tenant’s possession of the premises constitutes
actual knowledge. New
Jersey Code §25-1-1;
46-16-1; 46-22-1. |
| New
Mexico: |
For
New Mexico, a lease of real estate with a term of three (3)
years or more must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of five (5) years or more must be recorded.
New Mexico Code §14-9-1;
Common Law. |
| New
York: |
For
New York, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than three (3) years must be recorded.
New York G.O.L. §5-703;
R.P.L. §290,
291. |
| North
Carolina: |
For
North Carolina, a lease of real estate with a term of more than
three (3) years must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than three (3) years must be recorded.
North Carolina Code §47-18,
20, 20.4, 118. |
| North
Dakota: |
For
North Dakota, a lease of real estate with a term of more than
one (1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, the tenant
must take possession of the real estate or the lease must be
recorded. North
Dakota Code §9-06-04;
47-19-03. |
| Ohio: |
For Ohio, a
lease of real estate with a term of more than three (3) years
must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease must
be recorded. A
tenant’s physical possession of the premises constitutes such
actual knowledge. Ohio
Code §1335.04;
5301.25. |
| Oklahoma: |
For
Oklahoma, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease must
be recorded. A
tenant’s physical possession of the premises constitutes such
actual knowledge. Oklahoma
Code §16-4,
15. |
| Oregon: |
For Oregon, a
lease of real estate with a term of more than one (1) year must
be in writing and must be signed. To be effective against creditors and subsequent purchasers
without actual knowledge of the lease, a lease must be recorded.
A tenant’s physical possession of the premises
constitutes notice to third persons. Oregon
Code §93.020,
.710. |
| Pennsylvania: |
For
Pennsylvania, a lease of real estate with a term of more than
three (3) years must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than twenty-one (21) years must be recorded.
For leases with a term of twenty-one (21) years or less,
recording is not required if the tenant takes possession of the
premises. Pennsylvania
Code §68-250.201,
.202; 16-9751. |
| Rhode
Island: |
For
Rhode Island, a lease of real estate with a term of more than
one (1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Rhode Island Code §34-11-1. |
| South
Carolina: |
For
South Carolina, a lease of real estate with a term of more than
one (1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
South Carolina Code §27-23-60; 27-33-30. |
| South
Dakota: |
For
South Dakota, a lease of real estate with a term of more than
one (1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
South Dakota Code §53-8-2; 43-32-5; 43-28-17. |
| Tennessee: |
For
Tennessee, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than three (3) years must be recorded.
Tennessee Code §29-2-101; 66-7-101; 66-24-103. |
| Texas: |
For
Texas, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease must
be recorded. A
tenant’s possession of the premises constitutes such actual
knowledge. Texas
Prop. Code §5.021;
Bus. & Comm. Code §26.01. |
| Utah: |
For
Utah, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease must
be recorded. A
tenant’s possession of the premises constitutes such actual
knowledge. Utah
Code §25-5-3;
57-3-2. |
| Vermont: |
For
Vermont, a lease of real estate with a term of more than one (1)
year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Vermont Code §27-342. |
| Virginia: |
For
Virginia, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than five (5) years must be recorded.
Virginia Code §11-1,
2(6). |
| Washington: |
For
Washington, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than two (2) years must be recorded.
Washington Code §59.04.010;
59.18.210; 65.08.060-.070. |
| West
Virginia: |
For
West Virginia, a lease of real estate with a term of more than
one (1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease must
be recorded. A
tenant’s possession of the premises puts third persons on
notice as to the lease. West
Virginia Code §36-1-3;
Common Law. |
| Wisconsin: |
For
Wisconsin, a lease of real estate with a term of more than one
(1) year must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than one (1) year must be recorded.
Wisconsin Code §706.01-.08. |
| Wyoming: |
For
Wyoming, a lease of real estate, with a term of more than one
(1) year, must be in writing and must be signed.
To be effective against creditors and subsequent
purchasers without actual knowledge of the lease, a lease with a
term of more than three (3) years or more must be recorded.
Wyoming Code §1-23-105;
34-1-102. |
