legal to put non-enforceable terms on a lease? - Landlord Forum thread 325054

legal to put non-enforceable terms on a lease? by Anonymous (PA) on September 29, 2014 @00:34

I like to avoid renting to lawyers/backseat landlords, so is there anything wrong with me putting a non-enforceable clause in my lease (I use "After rent is 10 days late, the Landlord reserves the right to change the locks on the dwelling and treat any belongings therein as abandoned")?

I know this is not enforceable even if they sign it, but I use it to see if the potential tenant tells me it's illegal; if they do, then I try to find reasons to deny their application. Is this procedure illegal?

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Re: legal to put non-enforceable terms on a lease? by Bill on September 29, 2014 @00:57	[ Reply ]

Your plan seems like a way to appear nuts and run off well qualified applicants.

Re: legal to put non-enforceable terms on a lease? by Kim (WV) on September 29, 2014 @03:31	[ Reply ]

What is it with this forum? About half the posts are so ridiculous it seems as if they must be troll posts.... Good answer, Bill, but I think we are being trolled.

Re: legal to put non-enforceable terms on a lease? by Garry (Iowa) on September 29, 2014 @09:46	[ Reply ]

2 years ago a lawsuit was filed against a very large LL that rents to hundreds U of I students. Their leases all had clauses similar to what you are suggesting. The case was settled this summer. The LL lost BIG TIME , and must pay tens of thousands of $ to fines, court costs, students, and attorneys. My recomendation is : DON'T DO IT !!

Re: legal to put non-enforceable terms on a lease? by Nicole (PA) on September 29, 2014 @11:18	[ Reply ]

I agree with Bill. You have that many attorney applicants that this is an issue?

Re: legal to put non-enforceable terms on a lease? by Lighthope on September 29, 2014 @17:25	[ Reply ]

> I use it to see if the potential tenant tells me it's > illegal; if they do, then I try to find reasons to deny > their application. Is this procedure illegal? I don't think it is illegal per the letter of the law, but it is a bad strategy. Your major problem will be is if your lease is ever taken to Court. Not necessarily on the illegal term, but on any other terms. A Judge can see you places a clearly non-enforcable term in your lease, come to the conclusion that you're a shyster landlord, and rule against you simply on principle. Especially when it comes down to cases where it's one person's word against another. Do not give Courts any more ammunition than they already have. Remember Rule 1: Courts Are Out To Get You. Lighthope Pearls of Wisdom - Commandment IV: Remember the Sabbath and keep it holy.