Lease vs Rent vs License: Legal Perspective Simplified

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Though often used interchangeably, lease, rent, and license have distinct legal meanings—and knowing the difference protects your rights.

Lease

  • A legal transfer of interest in property for a fixed term

  • Grants exclusive possession to the tenant (lessee)

  • Governed by Section 105 of the Transfer of Property Act, 1882

  • Not easily revocable—offers tenure security

  • Can be inherited or transferred, unless restricted

Rent

  • Common term used for payment made under a lease or license

  • Not a legal category by itself—refers to the financial consideration

  • Can apply to both lease and license agreements

  • Amount, frequency, and terms are defined in the agreement

License

  • A permission to use property without transferring possession

  • No legal interest or estate is created

  • Governed by Section 52 of the Indian Easements Act, 1882

  • Usually revocable and non-transferable

  • Used for short-term or flexible arrangements (e.g., kiosks, stalls)

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