Photo by PoPville flickr user Mark Andre
Lease questions – are these enforceable?
“I was kinda desperate when moving last year and signed a lease without negotiating. The landlord now wants me to renew for another year. I know I can just let the lease expire and go month-to-month, but there are some things in the old lease that I’d like some advice on. If these are enforceable, I want to discuss changing them in the next lease. The bits I’m curious about are:
* It is mutually agreed by and between the Lessor and Lessee that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counter-claim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this lease; the Lessee’s use or occupancy of said premises, or any claim or injury or damage arising out of the occupancy of the premises herein.
* That the Lessee, at his own cost and expense, will make and pay for all repairs and replacements to the demised premises, resulting from his negligence. Lessee agrees to pay first $60.00 of all other repairs.
* It is further agreed that if the Lessee shall fail to pay the rent herein reserved when and as the same shall become due and payable hereunder, or if said Lessee shall fail to keep and perform any or all of the covenants and agreements on the Lessee’s part to be kept and performed hereunder, then the term hereby created, at the option of said Lessor, shall cease and determine, and said non-payment of rent or breach of covenant shall operate as a notice to quit, all and every kind of NOTICE TO QUIT BEING HEREBY EXPRESSLY WAIVED…
* That in the event Lessor shall file a complaint summons or any other action in any court for the breach of any covenant of this lease, including the default of the Lessee in the payment of rent, said Lessee expressly agrees to pay reasonable attorney’s fees, plus court costs, interest and notary fees, and any monies tendered and accepted after the filing of such action shall be first applied to the payment of attorney’s fees, court costs, interest and notary fees, and the balance applied to the payment of rent and for any monies paid by the Lessor for repairs or remodeling.
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