Re: You're Asking for It - Landlord Forum thread

Re: You're Asking for It by NY-LL on June 4, 2012 @17:00

The interpretation of the clause is so far off-base … (read the intention not your misrepresentations)

It is clear from the comments that this landlord is not familiar with how life circumstances often times create situations that require some landlording flexibility, such as an adult child moving from out-of-town for a new job, or a relative unable to afford their current residence due to accident, illness or job loss -- these are the issues the clause was intended to address with the landlord’s permission.

* The clause does not mention the tenant’s mail (but unauthorized mail from unauthorized tenants).
* The clause does not state guests are not allowed (but unauthorized tenants who reside as “permanent guests.”)
* The clause does not state children of the tenant are not allow (but unauthorized children not directly related to the tenant)
* The wording MAY be a lease violation and grounds for eviction is because a court would need to make that determination.
* The collection or acceptance of ANY money for additional persons in the form a bill statement, due to lease violation, is quite effective to remedy the issue without necessary court intervention.
* “There is no time limit for the collection of the additional rent for the unauthorized use of the premises.” is because the remedy is intended to be collected and effective immediately.

Agreed - There is no such thing as a permanent guest in the eyes of the law, but not in the eyes and minds of tenants with unauthorized “guest residents” (relatives in transition) residing without the permission of landlord. The only thing agreeable in any of the comments is that the language may need to specify “penalty” or “fine” for breach of the lease agreement. For the record, theses are household rules and guidelines to supplement the lease agreement, not intended to override the lease agreement.

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Re: You're Asking for It by Anonymous on June 4, 2012 @17:32	[ Reply ]

You are so trying to make sense out of something that YOU concocted under the false assumption that because YOU think it makes sense, it makes sense to others, and under the dangerous assumption that a judge will agree that your elementary school sentence structure haphazardly placed in a legal document has standing in court. If someone with a legal education questions it, you should consider that perhaps you DON'T know as much as you think and seek the advice of an experienced real estate attorney. To be closed to professional criticism makes your being a target painfully obvious.

Re: You're Asking for It by NY-LL on June 4, 2012 @18:06	[ Reply ]

The original tenant wanted advice about how to manage the potential for unauthorized tenancy (which happens everyday and, more so than ever in this economy). There are three aspects to landlording ... (1) one involves property management and maintenance, (2) two involves tenant management and negotiation of circumstances, (3) three involves legal management and documentation. Most landlords have limited need for attorneys in landlord/tenant negotiations, unless intimidated by the court. Most tenants have limited need for attorneys in landlord/tenant negotiations, unless trying to live rent free. The courts has no need for attorneys is landlord/tenant negotiations or lease document interpretation. For sure, your limited view of managing unauthorized tenants is based in your need to make a profit as an attorney ... (oh, did I mention most landlords, tenants, and courts have need for attorneys). Learn the difference between a Lease Agreement and a Household Rules and Guidelines. For the record, we have defeated many law school dropouts (or wanna be attorneys, as you self proclaim) in a court of law without much more than an excellent college education and understanding of business practices and property management, using the very clause you contest.

Re: You're Asking for It by Anonymous on June 4, 2012 @18:48	[ Reply ]

You are correct. The only eviction I had to go through, the judge upheld every clause - including a stiff fine for non-payment of rent on the grounds that "it' right there in the lease and they signed it". This may be unusual but you never know how a judge will perceive the situation. I can say he was not pleased at these folks. I had similar clauses in my lease about guests etc. This is pretty typical and bottom line you can write whatever you want in a lease - what gets upheld in court is another matter.