A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Federal Law
includes “prospecting permit” unless the context otherwise requires 30 USC 351 means any form of authorization which is issued under section 1337 of this title or maintained under section 1335 of this title and which authorizes exploration for, and development and production of, minerals 43 USC 1331
State Law
Alabama
Includes an oil, gas, or other mineral lease Alabama Code 26-2A-20 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Alabama Code 7-2A-103 The lease, installment purchase, or other agreement by which the lessee obtains the right to use the project and agrees to make payments sufficient to pay the principal of and interest on the industrial revenue bonds issued to finance or refinance the project Alabama Code 8-6-110
Alaska
means an oil and gas, or gas, lease issued by this state Alaska Statutes 43.90.900
Arizona
includes any oil, gas or other mineral lease Arizona Laws 14-1201 includes every disposition, transfer, option or offer or attempt to dispose of or transfer real property, or an interest, use or estate in the real property, including the offering of the property as a prize or gift if a monetary charge or consideration for whatever purpose is required Arizona Laws 32-2101 means a geothermal resources development lease issued for state lands pursuant to the provisions of this article Arizona Laws 27-651 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Arizona Laws 47-2A103 means an agreement for conveyance and possession of real or personal property Arizona Laws 15-101 means an oil and gas lease issued, extended or amended pursuant to the provisions of this article Arizona Laws 27-551
California
includes a permit, easement, or license California Public Resources Code 6501 means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease California Civil Code 1995.020, California Civil Code 1997.020 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease California Commercial Code 10103 means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods’ depreciation California Civil Code 1791
Delaware
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Delaware Code Title 6 Sec. 2A-103 means an agreement (either written or oral) under which a lessor grants to a lessee the right to use property for a specified period or at the will of either the lessor or lessee Delaware Code Title 30 Sec. 4301 means any lease, offer to lease or attempt to lease any merchandise Delaware Code Title 6 Sec. 2731 means any lease, offer to lease or attempt to lease any merchandise for any consideration Delaware Code Title 6 Sec. 2511
Florida
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Florida Statutes 680.1031 means a written agreement creating a relationship of landlord and tenant with respect to commercial real estate, such that the tenant acquires from the landlord the right to possess the commercial real estate for a specified period of time Florida Statutes 475.801
Hawaii
means a conveyance of land or an interest in land, by a fee simple owner as lessor, or by a lessee or sublessee as sublessor, to any person, in consideration of a return of rent or other recompense, for a term, measured from the initial date of the conveyance, twenty years or more (including any periods for which the lease may be extended or renewed at the option of the lessee) Hawaii Revised Statutes 516-1 means a residential lease made by the board of land and natural resources under this part Hawaii Revised Statutes 171-71 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Hawaii Revised Statutes 490:2A-103 means the right to possess and use land for a term of years Hawaii Revised Statutes 171-1
Idaho
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Idaho Code 28-12-103
Illinois
means a transfer of the right to
    
possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Illinois Compiled Statutes 810 ILCS 5/2A-103
Indiana
means a contract in the form of a lease or bailment for the use of a motor vehicle by a person for more than four (4) months, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease Indiana Code 24-5-13-3.4 means a lease by a political subdivision of any project with lease rentals payable from property taxes that are exempt from the levy limitations of IC 6-1 Indiana Code 6-1.1-20-1.3 means a lease of real property that is entered into by a political subdivision for a term of at least twelve (12) months, whether payable from property taxes, other taxes, revenues, or any other source Indiana Code 5-1-18-3
Iowa
includes a lease containing an option to purchase the project for a nominal sum upon payment in full, or provision therefor, of all bonds issued in connection with the project and all interest thereon and all other expenses incurred in connection with the project, and a lease containing an option to purchase the project at any time, as provided therein, upon payment of the purchase price which shall be sufficient to pay all bonds issued in connection with the project and all interest thereon and all other expenses incurred in connection with the project, but which payment may be made in the form of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the lessee providing for timely payments, including without limitation, interest thereon sufficient for such purposes and delivered to the municipality or to the trustee under the indenture pursuant to which the bonds were issued Iowa Code 419.1 means a contract between a lessor and lessee pursuant to which the lessee obtains a present possessory interest in tangible property without obtaining legal title in such property Iowa Code 437B.2, Iowa Code 437A.3 means a transaction evidenced by a written document in which a lessor vests exclusive possession, control, and responsibility for the operation of a vehicle in a lessee for a specific term Iowa Code 326.3
Kansas
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Kansas Statutes 84-2a-103 means rent or lease for nonresidential use Kansas Statutes 58-3035
Kentucky
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Kentucky Statutes 355.2A-103 shall mean a written lease made by the authority as lessor and the department as lessee under the provisions of KRS 175 Kentucky Statutes 175.410
Louisiana
means any oral or written lease, and includes a sublease;

“Lessee” includes a sublessee, whether the person seeking to evict is a lessor or sublessor; and an assignee of a lessee;

“Lessor” includes a sublessor, assignee, or transferee;

“Occupant” includes a sharecropper; half hand; day laborer; former owner; and any person occupying immovable property by permission or accommodation of the owner, former owner, or another occupant, except a mineral lessee, owner of a mineral servitude, or a lessee of the owner;

“Owner” includes a lessee; and

“Premises” includes the land and all buildings and improvements thereon leased by a tenant, or possessed by an occupant Louisiana Code of Civil Procedure 4704

means the leasing of automobiles and the possession or use thereof by the lessee, for a consideration, without the transfer of the title of such property for a one hundred eighty-day period or more Louisiana Revised Statutes 47:301
Maine
means a contract providing for the use of a project or portions of a project for a term of years for a designated or determinable rent Maine Revised Statutes Title 38 Sec. 2211, Maine Revised Statutes Title 10 Sec. 963-A, Maine Revised Statutes Title 5 Sec. 13120-B means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Maine Revised Statutes Title 11 Sec. 2-1103
Maryland
means any oral or written agreement, express or implied, creating a landlord and tenant relationship, including any “sublease” and any further sublease
Massachusetts
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Massachusetts General Laws ch. 106 sec. 2A-103
Michigan
includes a written or verbal lease or license agreement for use or possession of premises Michigan Laws 600.5701 includes , but is not limited to, an oil, gas, or other mineral lease Michigan Laws 700.1105 means a conveyance by the department to a person of a portion of the state’s interest in land under specific terms and for valuable consideration, thereby granting to the lessee the possession of that portion conveyed during the period stipulated Michigan Laws 324.83101 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Michigan Laws 440.2803 means a written or unwritten agreement or contract that sets forth the terms and conditions, rights and obligations of each party with respect to a residential dwelling, dwelling unit, rooming unit, building, premises, or structure that is not occupied by the owner of record Michigan Laws 125.526
Minnesota
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Minnesota Statutes 336.2A-103
Montana
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Montana Code 30-2A-103
Nebraska
includes agreements covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property as defined for federal income tax purposes Nebraska Statutes 77-2701.18
Nevada
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Nevada Revised Statutes 104A.2103
New Hampshire
means :
(a) In the case where the authority is the lessor, “lease” shall mean a written instrument to which the authority and a tenant are parties and which provides for the use and occupancy of a business and industrial facility and the payment of rent to the authority New Hampshire Revised Statutes 162-G:3
New Jersey
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease New Jersey Statutes 12A:2A-103
New Mexico
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease New Mexico Statutes 55-2A-103
New York
means a transfer of the right to possession and use

of goods for a term in return for consideration, but a sale,

including a sale on approval or a sale or return, or

retention or creation of a security interest is not a lease N.Y. Uniform Commercial Code 2-A-103

means to arrange for a person to enter into an agreement subject to the provisions of article nine-A of the personal property law, or to act as a lessor as defined in such article N.Y. Vehicle and Traffic Law 415 shall mean the lease, dated December twenty-third, nineteen hundred sixty-nine, as heretofore or hereafter amended, among the city of New York, the New York state urban development corporation and the Roosevelt Island development corporation, pursuant to which the city leased substantially all of Roosevelt Island to the New York state urban development corporation for development substantially in accordance with the development plan referred to therein;

7 N.Y. Public Authorities Law 2799-BBBB

North Carolina
means a contract whereby the lessee of a “motor vehicle” as defined in G North Carolina General Statutes 58-57-5 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease North Carolina General Statutes 25-2A-103
Rhode Island
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Rhode Island General Laws 6A-2.1-103 means an express written or oral contract between a landlord and tenant for the use or occupancy by the tenant of real estate that is owned by another person Rhode Island General Laws 5-20.6-2
South Carolina
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease South Carolina Code 36-2A-103 means an agreement between a lessor and lessee where the lessee obtains the possession and use of a motor vehicle for the period of time, for the purposes, and for the consideration set forth in the agreement whether or not the agreement includes an option to purchase the motor vehicle South Carolina Code 37-13-10
South Dakota
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease South Dakota Codified Laws 57A-2A-103
Tennessee
includes a lease containing an option to purchase the project for a nominal sum upon payment in full or provision for the purchase of all bonds issued in connection with the project and all interest on the bonds and all other expenses in connection with the project, and a lease containing an option to purchase the project at any time, as provided in the option, upon payment of the purchase price, which shall be sufficient to pay all bonds issued in connection with the project and all interest on the bonds and all other expenses incurred in connection with the project, but which payment may be made in the form of one (1) or more notes, debentures, bonds or other secured or unsecured debt obligations of the lessee providing for time payments, including, without limitation, interest on the notes, debentures, bonds or other secured or unsecured debt obligations sufficient for such purposes and delivered to the corporation or to the trustee under the indenture pursuant to which the bonds were issued Tennessee Code 7-5-103 includes a lease containing an option to purchase the project for a nominal sum upon payment in full, or provision for payment in full, of all bonds issued in connection with the project and all interest on the bonds and all other expenses in connection with the project, and a lease containing an option to purchase the project at any time, as provided in the lease, upon payment of the purchase price, which shall be sufficient to pay all bonds issued in connection with the project and all interest on the bonds and all other expenses incurred in connection with the project, but which payment may be made in the form of one (1) or more notes, debentures, bonds or other secured or unsecured debt obligations of the lessee providing for timely payments, including, without limitation, interest on the obligations sufficient for such purposes and delivered to the corporation or to the trustee under the indenture pursuant to which the bonds were issued Tennessee Code 7-53-101 includes a lease containing an option to purchase the project for a nominal sum upon payment in full, or provision therefor, of all bonds issued in connection with the project and all interest thereon and all other expenses in connection with the project, and a lease containing an option to purchase the project at any time, as provided therein, upon payment of the purchase price which shall be sufficient to pay all bonds issued in connection with the project and all interest thereon and all other expenses incurred in connection with the project, but which payment may be made in the form of one (1) or more notes, debentures, bonds, or other secured or unsecured debt obligations of the lessee providing for timely payments, including, but not limited to, interest thereon sufficient for such purposes and delivered to the corporation or to the trustee under the indenture pursuant to which the bonds were issued Tennessee Code 48-101-301 means a transfer of the right to possession and use of a device for a term in return for consideration Tennessee Code 47-22-401 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Tennessee Code -103
Texas
means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Texas Business and Commerce Code 2A.103
Utah
means a legal contract entered into by the office and a lessor of a rural speculative industrial building before the construction of a rural speculative industrial building Utah Code 63N-4-702 means a transfer of the right to possession and use of goods for a term, in return for consideration Utah Code 70A-2a-103 means any lease agreement, lease purchase agreement, and installment purchase agreement, and any certificate of interest or participation in any of the foregoing Utah Code 11-30-2 means any lease, lease purchase, sublease, operating, management, or similar agreement Utah Code 63H-7a-103
Vermont
means a lease of property to a farmer under which:

means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease means any form of capital or operating lease for all or a portion of a qualified project between the Program and a governmental unit or private enterprise
Virginia
means a contract for the use of a passenger-type vehicle for a term of more than thirty days Virginia Code 2.2-1173 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease Virginia Code 8.2A-103 means any lease containing an option to purchase the project or projects of the eligible business being financed for a nominal sum upon payment in full, or provision thereof, of all bonds issued in connection with the eligible business and all interest thereon and principal of and premium, if any, thereon and all other expenses in connection therewith Virginia Code 2.2-2279 means the same as that term is defined in subdivision (1)(j) of § 8 Virginia Code 29.1-733.2
West Virginia
as used in this article shall include any mining or timber lease or any lease of any profit in land, and the word “sale” shall include the sale of any undivided interest, or any part of the corpus of land, or anything in or growing upon land West Virginia Code 37-1-2 includes rental, hire and license West Virginia Code 11-15A-1, West Virginia Code 11-15B-2 means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease West Virginia Code 46-2A-103
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