Invalidating a house rental agreement

30 Oct

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement the provisions of this chapter. In determining the fair-market rental value, the court may consider appraisals offered by the tenant, landlord, realty experts, licensed appraisers, and other relevant evidence; (5) "good faith" means honesty in fact in the conduct of the transaction concerned; (6) "landlord" means the owner, lessor, or sublessor of the premises, and it also means a manager of the premises who fails to disclose as required by Section 27-40-420; (7) "organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity; (8) "owner" means one or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to property or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the premises. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performances or enforcement. A person "receives" a notice or notification when: (1) it comes to his attention; or (2) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or (3) in the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him as the place for receipt of the communication, or in the absence of the designation, to the tenant's last known place of residence.

Property that is leased for the exclusive purpose of being renovated by the lessee is not considered a dwelling unit within the meaning of this chapter; (4) "fair-market rental value" means the actual periodic rental payment for comparable rental property to which a willing landlord and a willing tenant would agree. (b) If unconscionability is put into issue by a party or by the court upon its own motion, the parties must be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination. (B) A person "notifies" or "gives" a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it.

If Landlord is unable to deliver possession of the Rental Property premises for any reason outside of the control of the Landlord (for example, destruction of the building due to natural disaster), Tenant will have the right to terminate this Agreement upon written notice to the Landlord, and Landlord’s sole responsibility will be to return sums paid by Tenant for periods of time when Landlord is unable to deliver possession of the premises.

Panda Tip: The point here is to acknowledge that sometimes things happen that would render it unfair for the Tenant to have to continue to pay rent.

To their best understanding, this document accurately and fully describes the expectations and agreements between the Parties relating to the [PROPERTY] for the duration of this Residential Landlord-Tenant Agreement. Identification of the premises Landlord owns, or has authority to rent, the premises located at [PROPERTY] which will be referred to in this Residential Landlord-Tenant Agreement as the “Rental Property.” The Rental Property is intended and/or zoned for residential use only. Agreement to rent According to the terms of this Agreement, Tenant agrees to rent the Rental Property from Landlord for residential use, together with the following furnishings and/or appliances [FURNISHINGS].

Rental of the premises also includes the following ancillary use — [OTHER USE]. Term of tenancy The term of rental will start on [START DATE] and continue through [END DATE]. Inability to take or deliver possession of Rental Property If the Tenant is unable to take possession of the Rental Property premises, or vacates the Rental Property before the end of the term of tenancy, Tenant will still be responsible for paying the remainder of the rental payments and complying with the terms of this Agreement.

The aggrieved party has a duty to mitigate damages. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail requiring a signed receipt to the defendant or respondent at his last reasonably ascertainable address. Subarticle III General Definitions and Principles Interpretation; Notice General definitions. (A) A person has notice of a fact if: (1) the person has actual knowledge of it; (2) the person has received a notice or notification of it; or (3) from all the facts and circumstances known to him at the time in question he has reason to know that it exists.

This Agreement is entered into by [LANDLORD] (“Landlord”) AND [TENANT] (“Tenant”) and outlines the rights and obligations of both parties relating to rental of property at the following address — [PROPERTY] (“Rental Property”).

[LANDLORD] and [TENANT] are collectively referred to in this Residential Landlord-Tenant Agreement as the “Parties.” Both Parties have had an opportunity, before signing this document, to fully review it and consult with a lawyer, if desired.

Rent will be submitted by cash payment, check, money order, or cashier’s check, or any other means agreed to by Primary Tenant.

In the event that a cash payment is made, Primary Tenant will provide Roommate with a written receipt at the time of payment and payment will not be deemed to have been made unless such receipt is provided.