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May 31st, 2010 shearie Posted in Residential Lease Agreements Comments Off
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September 1st, 2010 shearie Posted in Residential Lease Agreements 4 Comments »
I just signed a lease for a rental and provided a security deposit and one month rent. 5 days later I lost my job and want out of the lease that I would not take occupancy in for another 30 days. The landlord is willing to cancel the lease but wants to keep my deposit and rent. I know there are periods of 7 days for termination of purchase agreements. Wondering if there are similar rights for tenants? The property is located in Oakland, CA.
August 28th, 2010 shearie Posted in Residential Lease Agreements 3 Comments »
Moved to Denver, CO. to enter university taking an accelerarted degree to degree program for nursing license. Rented/signed lease for a duplex and when moved in found the walls/floor so thin as to literally hear every word of conversation and activities of daily living of the tenants below. This so obviously a gross mis-representation of this unit and an intolerable situation for my necessary 1&1/2 years of studies. Broker/landlord refuse to let me out of my lease agreement only offering to install padding and carpeting. In consulting three professional carpet businesses I was told that this solution would not be effective – a layer of soundproofing would have to be installed, this covered by plywood and then a high grade of padding and carpeting. This would be very expensive and most likely too expensive for the landlord. In the midst of this issue, I received news of an extremely serious health situation in the family forcing be to leave Colorado. In explaining this to the University, even after the semester had begun they fully understood and agreed to fully refund any and all monies I had paid. I have left the state of Colorado with my rent paid in full through this month of January. I in no way want to be irresponsible to my obligations as far as the rental situation goes. It is just that I feel strongly that this property was mis-represented to me. It would be an intolerable hardship for me to continue paying rent until the termination of my lease. The brokerage firm has begun to advertise to rent this duplex again but I know it was marketed for three months before I rented it. I was told that I should have done ‘Due Diligence’ and I have great respect for Due Diligence but, in this particular situation there would have been no way to experience or learn of this noise as the tenants below were not home when I was shown the unit. I would have had to take occupancy to experience the intolerable noise through the floors and this would not have been possible without first signing a lease. I suspect this duplex is not up to Code as I have never experienced conversations so clearly penetrating walls and floors from an adjoining unit.
I am aware of “The Convenant of Quiet Enjoyment” in Colorado and wonder if that gives me any legal standing in Colorado. I would like to be able to negotiate something with the Landlord that would be fair to me and respectful to his position, too.
I will greatly appreciate your professional knowledge, advice and direction.
Most sincerely.
Mary LaDage
August 24th, 2010 shearie Posted in Residential Lease Agreements 3 Comments »
I did a Residental Lease (below)
http://www.socrates.com/p-8344-residential-lease.aspx
I want to know if I have to pay the rest of the months since I only did a 6 month lease. I only did this paper with him and he does not do real estate hes actually a electrician. It does not say anything about me paying on the terms. Any help is appreciated! Thanks!
August 20th, 2010 shearie Posted in Residential Lease Agreements 2 Comments »
THE QUESTION: If I provide 30 days notice, am I still liable for the payment of rent until the end of my lease? Which is a year, and I have only been living here for two months. Below is a summary of the SCRA and a summary of my lease.
I have read the SCRA, simplified version. It states: The SCRA allows individuals to break a lease when they go onto active duty, if the lease was entered into before going onto active duty. Additionally, the act allows a service member to terminate a residential lease entered into while in the military, if the member receives permanent chance of station (PCS) orders, OR ORDERS TO DEPLOY FOR A PERIOD OF NOT LESS THAN 90 DAYS.
http://www.ffscnorva.navy.mil/servicemem…
It states I am supposed to give a 30 day written notice to my landlord, which is no problem. The problem is in the lease I signed. It states:
The specific term of the tenancy governed by this contract is set forth in the attached, exhibit A. the Tenant is responsible for all monies owing during the term of this contract and any renewal terms during the occupancy, including month-to-moth occupancy. In the even the Tenant vacates prior to the expiration of the term, he / she, they shall be responsible for the FULL RENTAL AMOUNT OWING FOR THE TERM OF THE CONTRACT until the property is re-rented and a new lease agreement begins. All deposits paid shall be forfeited for failure to complete the contract.
In addition, the Tenant shall be responsible for any costs for tenant created repairs, replacements, cleanings and/or related tenant created costs to prepare the property for re-rental, as well as the advertising, signs, leasing fees, utilities, and related costs incurred to re-rent the property. Tenant shall be responsible for the rent at the current rental rate at the time tenant vacates the property but the Agent shall not be obligated to re-rent the property at that rate. If tenant(s) voluntarily terminates the agreement with or wit Hough cause prior to the termination date (see ending date Addendum “A”) Tenant(s) Agree to pay Agent a releasing fee of Two Hundred Dollars ($200.00) in addition to all other costs which may apply.
August 16th, 2010 shearie Posted in Residential Lease Agreements 3 Comments »
If Landlord re-enters the Leased Premises and terminates the tenancy of Tenant pursuant to this section, Tenant’s duty to pay rent shall accelerate, and all rent shall be due immediately, subject to Landlord’s duty to minimize damages. Either party may have a court determine the actual amount owed, if an, due to the acceleration of rent.
I have looked in the Truth in Renting Act It state that you cannot accelerate rent owed when you terminate your lease early.
I have also looked up Illegal Provisions in Lease Agreements and this statement was in the Illegal Provisions.
August 12th, 2010 shearie Posted in Residential Lease Agreements 3 Comments »
I am looking for a residential lease agreement. It does not have to be very formal and legal. I rent from my father and just need to fill out a lease because I am applying for asisstance and need proof of rental. I don’t have microsoft office so I can’t get the template. If you have this form saved on your computer could you email it to me?
Thanks.
cat121481@yahoo.com
August 8th, 2010 shearie Posted in Residential Lease Agreements 1 Comment »
I need to update my lease agreement, adding a clause that states if I rent to joint tenants, that one of them can’t move out before the other one, that if one of them leaves, they both leave. How can make this sound firm, and professional with some etiquette involved in the clause. Thanks =]
August 4th, 2010 shearie Posted in Residential Lease Agreements 1 Comment »
Ok, My boyfriend and I rented an apartment together that has 2 bedrooms. Now one of his friends is moving in because my boyfriend’s friend is moving here for school and can’t find an apartment. I am fine with him moving in but (he is not moving in until Aug/2010) I want to make sure that his friend does not stay for more than 3 months (because I never wanted a roommate). My landlord says for the time that he stays here our rent will be $100 extra a month. I want to make sure he pays his share of the rent and puts a security deposit of $200 ( the amount his rent will be) so I can be sure that if he messes up anything then I have some money that can repair his damages. Since I am a tenant, do I have the right to make a roommate pay a deposit to me and my boyfriend? We’ve already paid the deposit for the apartment. Is it possible to make a temporary lease/roommate agreement for him to stay there for 3 months but after that he needs to leave? I don’t know plus do I write the lease/roommate agreement to be apart of the residential lease or can I just use it between us and him. Please any help would be amazing.
I live in Kansas
July 31st, 2010 shearie Posted in Residential Lease Agreements 1 Comment »
I need to know if more protective language is usually included in lease option agreements which better cover seller’s interests on the following point: I have read the selling price is determined (typically or always?) at the beginning. If at the end of the lease option agreement the home value has appreciated, is it only the buyer that benefits on the appreciation? Can terms be included that the buyer must purchase the home at the “whichever is higher” price between the stated purchase rate and the current market rate (comps / appraised rate)? Being the seller and wanting to best protect personal financial interests, it seems reasonable to me include this type of protective language.
And, if the home value depreciates and the buyers do not buy, it seems that the seller suffers. This all seems one-sided except for gaining the non refundable (???) option money. However, this may not cover the depreciated value. Does a lease purchase agreement provide better protection?