While practices can vary, real estate property leases are typically not recorded in the United States. Copies of the lease are kept by all parties involved. If there was an issue with the lease itself or a need to legally enforce the terms of the lease, the records of the resulting court case may include a copy of the lease or mention its terms. If one of the parties involved died while the lease was still in effect, the lease may be recorded in their probate case file.

One ancestor was renting property when he died in Illinois in 1877 and that agreement was included as evidence in his estate settlement. In another case there was a disagreement over the terms and the lease was recorded as evidence.

Usually if there are no “issues” with a lease, there’s no reason to have it recorded. And…in these cases the agreement was not really “recorded” like a land deed would be recorded. It was evidence in a court proceeding.

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