Re: Lease wording on inhabitable unit - Landlord Forum thread 352298

Re: Lease wording on inhabitable unit by Nicole (PA) on May 22, 2017 @08:10

does your lease contain a waiver of notice clause? if so, I'd have been at the magistrate 10 minutes ago when they opened and filed. it will take 30 days to get him out. you don't care about removing his possessions since it's going to take a least 30 days for the fire marshall and insurance investigations, then settlement of your claim and contracting with a contractor to begin work. they will haul his stuff out with the other debris if he hasn't voluntarily sorted through it.

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Re: Lease wording on inhabitable unit by Traci W. (PA) on May 22, 2017 @10:46	[ Reply ]

Nicole, My lease has this..... WAIVER No failure of Owner to enforce any term hereof shall be deemed a waiver, nor shall any acceptance of partial payment be deemed a waiver of Owner's right to the full amount thereof. This lease supersedes any other lease on the premises during the term stated herein. No terms in this lease shall be deemed waived, regardless of any conflicting terms or rules in any governmental rent assistance programs. Thank you for your input, I really appreciate it. Also, back to my original question...is there anything I can put in future leases stating termination of lease if uninhabitable? Thanks again!

Re: Lease wording on inhabitable unit by Anonymous on May 22, 2017 @18:50	[ Reply ]

******************************************************* a) Landlord agrees to carry fire and liability insurance on the building. Tenant’s personal property is not insured under Landlord’s insurance policy. b) Landlord requires that Tenant carry fire and liability insurance to protect Tenant, Tenant’s personal property, and his guests. Tenant agrees to list Landlord as additional insured on any policy Tenant purchases. c) If there is any loss of property by fire, theft, burglary or any other means, Tenant agrees to relieve Landlord from all responsibility. Tenant agrees to pay for this loss or any claims field. ******************************************************* DAMAGE TO LEASED PROPERTY a) If a fire or other mishap caused by Tenant or Tenant’s guest damages the lease property, Tenant may continue to occupy the livable part. This must be permitted by local codes and law. If Tenant remains, the rent is paid according to the percentage of the amount of area that is livable until the damage is repaired. b) If Tenant decides not to stay or occupancy is not permitted, this lease will end immediately. Landlord will collect money due by tenant, then return security deposit plus rent paid in advance for the period after the fire or mishap. Once the lease has ended, Landlord is not responsible for finding replacement housing for Tenant. c) Tenant agrees to allow Landlord or Landlord’s representative to enter the leased property whenever necessary to repair damage caused by fire or other mishap. d) Any fire or other mishap caused by Tenant, or their guests, is Tenant’s full responsibility. This includes the payment of rent and all other terms and conditions of this lease. e) Tenant is responsible for damage caused by windows being left open. Any windows and screens broken or doors damaged by anyone are Tenant’s responsibility. f) Tenant is responsible for damage to any items and/or fixtures located on and in the Property at the time of Tenant’s moving in. Landlord reserves the right to evict Tenant for any damage to the Property and/or items or fixtures located on and in the Property at the time of Tenant’s moving in that the Landlord deems to be significant and substantial. g) Tenant agrees not to hold Landlord responsible for damage or injury caused by water, snow, or ice that comes on the property *****************************************

Re: Lease wording on inhabitable unit by Nicole (PA) on May 22, 2017 @20:41	[ Reply ]

this was from me

Re: Lease wording on inhabitable unit by Nicole (PA) on May 22, 2017 @18:54	[ Reply ]

this is a waiver you absolutely need ... unless you're in Philadelphia. If they don't pay, you can go right to the magistrate without sending tenant any type notice. Tenant agrees to give up certain legal rights as provided by the LANDLORD and TENANT ACT OF 1951. No notice will be required to be given by Landlord and Tenant to leave and give up the leased property. Tenant will be asked to leave the leased property without notice under any of the following conditions. 1) Tenant does not leave the property at the end of the lease term. 2) Tenant breaks any of the terms and conditions of the lease. 3) Tenant fails, upon demand, to make all rent and other payments when due. Tenants

Re: Lease wording on inhabitable unit by Traci W. (PA) on May 22, 2017 @11:15	[ Reply ]

Nicole, My lease has this..... WAIVER No failure of Owner to enforce any term hereof shall be deemed a waiver, nor shall any acceptance of partial payment be deemed a waiver of Owner's right to the full amount thereof. This lease supersedes any other lease on the premises during the term stated herein. No terms in this lease shall be deemed waived, regardless of any conflicting terms or rules in any governmental rent assistance programs. Thank you for your input, I really appreciate it. Also, back to my original question...is there anything I can put in future leases stating termination of lease if uninhabitable? Thank you again!

Re: Lease wording on inhabitable unit by TRACI W (PA) on May 22, 2017 @21:27	[ Reply ]

THANK YOU NICOLE!!!!