Not exact matches
Then it dawned on him that his long - term tenants might be responsible, despite a
clause in their
lease barring them
from using his place for transient occupancy.
Our understanding is that previously they had told both the Brampton Trustees and the Hospital that the proposed sub-
lease to the SJWMP with the
clause exempting them
from the Code of Ethics was a breach of trust and that they must either renegotiate the
lease or apply to the Charity Commission for an order removing the Ethics
clause from the Hospital Constitution and allowing the Brampton Trustees to use their money for non-Catholic purposes.
On April 30, it will become mandatory for most residential landlords to use a 13 - page standardized
lease agreement, recently unveiled by the provincial government in hopes of protecting tenants
from being tricked by lengthy agreements rife with illegal
clauses and language that is hard to understand and often winds up in litigation.
The
lease should also include a non-negotiable hold - harmless, or indemnity,
clause that shields the landlord
from any damage to or injury incurred on the property.
Whereas at the market's height a few years ago a developer might have rigidly insisted on retaining such a
clause — safe in the knowledge that another buyer who would accept it was likely to be waiting in the wings — the subtle shift of power to buyers since then means that there is nothing to be lost
from a challenge and, in an environment where developers are under increasing public pressure to grant fair
leases and to do away with RPI, everything to be won.
Without such a
clause in say a
lease contract, a lessor who has waived their right to terminate the
lease for late payment of the rent in the past may be barred
from executing that right in the future.
Before you take any action, check your rental or
lease agreement for
clauses allowing or preventing you
from subletting the rental property.
For example, this was the intent the
lease from the office I moved out of earlier this month where the holdover
clause doubled the rent during a holdover period.
This can include anything
from the
lease term, termination
clauses, or how much upkeep you are expected to take care of as the lessee.
In KPMG v Network Rail Infrastructure Ltd [2007] EWCA Civ 363, [2007] All ER (D) 245 (Apr), the Court of Appeal considered the interpretation of a break
clause in a
lease from which it was apparent that some critical words had been omitted.
Your landlord can not evict you unless engaging in sex work would contravene a specific term in your
lease agreement; for example, a
clause that prevents you
from running a business
from the premises.
After some judicial disagreement, it appears now to be settled that the fact a
lease includes a break
clause does not prevent it
from being a
lease for a term of years certain within the meaning of these sections.
Critical to the decision of the Court of Appeal was the wording of cl 1 of the
lease which set out the term granted in the following way: «
from and including 1 January 2003 to 28 September 2004 (hereinafter called «the term» which expression shall include any period of holding over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive judgment in the case, referred to the words in brackets in this
clause as «the words of extension».
Whether these myths come
from TV, movies, or well - meaning friends or family members, the reality is that in many cases you can not break the
lease, you will be held to your non-compete
clause and you may well be prevented
from suing for damages if you are injured during an adventure activity by the waiver that you signed voluntarily.
Recent highlights include advising an airport on its strategy for managing land compensation claims; representing a pharmaceutical company in a dispute over the exercise of a commercial
lease break
clause relating to an office premises; and assisting a plc client with its strategy for dealing with compensation claims
from residential property owners.
Reviewing case law
from throughout the United States, the Court of Appeal concluded that the law disfavors perpetual
leases; that perpetual rights must be explicitly stated; and that a renewal
clause that is ambiguous as to the number of renewals confers only a single right of renewal.
Dispute as to whether previous award of damages for breach of a «keep open»
clause in a commercial
lease precluded the landlords
from enforcing the repairing obligation and having the vacant premises put into a condition whereby they could immediately be traded
from.
One of the
clauses of the
lease required the tenant to carry on its business on a continuous basis
from the
leased premises.
Many Agreements of Purchase and Sale will include a largely standard «no assignment»
clause, which disentitles the original buyer
from «directly or indirectly» taking any steps to «
lease, list for sale, advertise for sale, assign, convey, sell, transfer or otherwise dispose of» the property or any interest in it.
In order to properly comprehend the scope of the use and exclusive use provisions each box store is likely to require, the landlord can often contact the business representatives of the box stores to request copies of their respective use and exclusive use
clauses from their form
leases.
Their purchase agreement contained a standard
clause prohibiting them
from leasing their home «for the protection of owners with regard to financially responsible residents.»
This
clause releases the landlord and tenant
from claims they have against one another, but only to the point that they are insured or are required to be insured under the terms of the
lease.
Keeping a building green requires specific
leases clauses as well as cooperation
from the landlord and tenants.
Here is a
clause to assist you in making sure the seller does not remove anything that the buyer is expecting to receive on closing: «The seller represents and warrants that all existing flooring and floor coverings, drapery tracks, ceiling fans and fixtures, built - in appliances, bathroom mirror (s), heating - ventilating - air conditioning equipment, central vac and accessories and all other items secured by means of nails, screws, plumbing, wiring, ducting and related accessories that are now on the property are to be included in the purchase price except items which are
leased or rented and those specifically listed herein and all shall be in working order and free
from all liens and encumbrances on completion.»
The formula for calculating the Net Operating Income of a property is the following: NOI = Effective Gross Income — Operating Expenses + Recoveries (4) Notice that typically commercial
leases include
clauses through which a significant portion of operating expenses is recovered
from the tenants.
I want to add a
clause to the
lease agreement to protect me
from tenant, pet or their company if an accident occurs due to water.