Definition of "Demising clause"

Valerie  Gentile real estate agent
Valerie Gentile, Real Estate Agent Keller Williams Realty Elite

Demise indicates the act of “granting a lease of property” in legal terms. A demising clause refers to a particular provision of housing requirements based on family size, ages, occupations, marital status, and other population characteristics in real estate.

The contract’s wording can be straightforward or more formal. Even in the case of a short-term lease, a lease contract should explicitly stipulate that a landlord gives the tenant the right to rent a unit. In contrast, the tenant accepts and takes the premises. Virtually, this is the definition of a demising clause: it’s the fundamental agreement or real estate covenant between a landowner and a tenant referring to leasing a property. 

Demised premises

Similarly, a demised premises define a part of a building, which a tenant leases or a section the landlord intends to rent out to the renter by the lease. In fact, it’s the area the renter occupies. The lease can contain improvements to the building too. As opposed to demised premises, we have retained parts, which the landlord does not sub-let. 

For this reason, each party concerned must understand the area size the leaseholder is allowed to use and to where they have no access.

Know that the term “demised premises” has an antique connotation. You will encounter it only in commercial leases. Instead of demised premises, they use leased premises in residential leases and leaseagreements. Most of the time, they add the rental’s short description and address too to leased premises.


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What a demised clause should contain

The demising clause establishes the precise square footage or the premises’ physical extent the tenant will lease from the landlord and the lease’s duration. Typically, you can find “demised premises” in property deeds.

The extent of a demised premises can contain various building sections, such as basements and lofts. Additionally, it may include external parts, for instance, parking lot, balconies, etc. A demised clause can also determine common areas, spaces shared with other tenants and neighbors.

Maintenance responsibilities in a demising clause

Maintenance is another substantial part of a demising clause. The lease should indeed point out all parties’ responsibilities. More precisely, which person is in charge of fixing and maintaining the working condition of the building and its parts. Plain and simple, the leaseholder is accountable for the leased place or demised premises. On the other hand, the landlord is liable for the retained parts and the building’s structure. Nonetheless, determining each party’s responsibilities can get burdensome if a landlord subdivides the property into several smaller premises. 

Though lease contract and demising clauses differ, each should contain the following building aspects and the person responsible for maintaining them: roof and foundations, fixtures and fittings, guttering and pipes, doors and windows, loft spaces, basements, etc.

Do you plan to become an owner of leased property, and you’re not sure about the landlord-tenant rights and responsibilities? Give a local real estate agent a shout-out! They can provide you with topical and expert information on the rental housing market and the necessary notions on a demising clause!

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