Question about lease contracts?
Al's restaurant leased a storefront from Jane's Reality for three years. The lease provided that Al would pay a monthly rent of $1000, maintain the premises in good repair, arange for trash collection, and hold the restaurant open for business at least 5 days a week. The lease further provided that for any breach, Al's would be liable for $2000 liquidated damages. Is this provision enforceable? Explain.
... (Asked by swmg789)
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The provision would be enforceable if both parties signed the lease and provided there are no city restrictions or ordinances which would nullify the provision. If Jane's Reality is familiar with the city then the lease should reflect any ordinances and regulations that would pertain to the city....(Answered by blueiangel_2001) |
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Broker did not say he was the seller?
Hi, my mortgage broker recently sold me 10 apartments/condos. We had a verbal agreement where he said he would be responsible for the mortgage and the maintanence for the apartments for six months. Now that I have signed the papers, he claims he never said it. I also just found out that he is the seller, although he never said he was. He presented the seller as Mr X of XYZ Company. But I have just learned that he is one of the owners of XYZ company (the seller was listed as XYZ Company). Did he violate any rules? Is ... (Asked by min0331)
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What you are talking about refers to a common law perameter called "The Parol Evidence Rule." I'm not a lawyer, but for the most part, it refers to all contingincies of a contract being written within the agreement or contract.
In most states that I'm aware of, and especially with more complicated contracts as would be involved with the purchase of a multi-unit apartment or condo building, this means that all points of the agreement are written into the contract conclusively. In other words, if it's not written down, it has no bearing on the agreement.
However...
Regardless of whether or ...(Answered by LongSnapper) |
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What are the landlord/tenant laws in California?
I am a CA Real Estate Agent dealing in residential sales. I have a client who is going to rent out her 2nd home and she would like me to put in the lease contract "Landlord can force tenant to move when the tenant misses the payment two times." I have minimal rental experience, but to me this seems like it is against the law (going around tenant/landlord laws). Is it enforceable if written into the contract, or is it against the law to include this in the agreement? Thanks, any help would be appreciated!
... (Asked by Coco)
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Not enforceable. Landlord would need to evict the tenant for non-payment of rent if the situation arose....(Answered by SndChaser) |
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I have a Question about Condo Associatons?
Can A condo Association install community Laws that are not enforceable once you step out of the The Condo building. Meaning say if according to them I break the "quiet time rule" and there is no noise ordinance rule where I live can they call police and what can police do? What rights do I have as a owner against malicious Association Laws?
... (Asked by In Lies We Trust)
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First you need to attend the meetings where they make all the rules. The police do not enforce such laws, but you bcan be taken to civil court which will, unless you can PROVE the rules were passed improperly or are onerous beyond all reason.
You best option is to gather support from other members and go to meetings to have the rules overturned....(Answered by estielmo) |
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A written contract enforceable? Not notarized, but written by a notary public.?
My mother in law (MIL) and husband wrote individual contracts that state I am part owner of a home my husband and I live in, but my MIL owns. Recently my MIL bought another home, husband and I moved into it. MIL still has 1st home, but its on the market for sale. Husband and I split up recently. MIL hates me. MIL owns real estate company that is selling the home I have their written contracts on. How do I get my share of the equity out of her? Are these letters legal? MIL is a notary but didn't ... (Asked by uniqueme1966)
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Divorce lawyer is the best bet BUT if you're really part owner, your name should be on title. The home cannot be sold without you signing to transfer title or signing away homestead rights(meaning you state you have nor want any equitable interest in the home). Hope this helps. Good Luck!...(Answered by Rocky) |
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