The University of Indiana's Student Legal Services has compiled a list
of lease clauses to look out for:
Not exact matches
A kickout
clause lets you out
of the
lease after a certain time period — usually three or four years — if your revenues don't reach expectations.
If she moves her stuff into storage and breaks her
lease (allowed under military
lease clauses) at her apartment, she could bank most
of that income.
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.
It alleges by entering into a
lease that has a first right
of refusal
clause in it, Woolworths may have breached an enforceable undertaking it signed with Australian Competition and Consumer Commission in 2009.
In notifying the city
of Anaheim last week
of their intention to use an escape
clause in their
lease for Anaheim Stadium, the Rams in effect told the NFL: We may be moving, and there's nothing you can do about it.
«It actually caused me to take a look at some contracts, our
leasing agreements with Mr. Paladino to see if we had any kind
of moral turpitude
clause....»
«It actually caused me to take a look at some contracts, our
leasing agreements with Mr. Paladino to see if we had any kind
of moral turpitude
clause, which we don't, and he successfully won those bids and we'll honor them.»
The Empire State Development Corporation inserted a
clause into its
lease proposal with Ratner that would allow the developer to bail on the construction
of 2,250 affordable units, by claiming that such construction would be «subject to governmental authorities making available... affordable housing subsidies,» the Brooklyn Paper reported.
If the
lease agreement contains an optional
clause providing the hirer with a right to purchase the equipment at the end
of the term, it is a hire purchase agreement.
(a) Where all or part
of a contract will be performed on Government - owned or
leased property, the contracting officer shall insert the
clause at (TAR) 48 CFR 1252.223 - 71, Accident and Fire Reporting.
For purposes
of the
clause entitled «Loss
of or Damage to
Leased Aircraft,» the fair market value
of the aircraft to be used in the performance
of this contract shall be the lesser
of the two values set out in paragraphs (a) and (b) below:
Generally landlords get whatever amount
of money they ask for, as well as whatever
lease clauses they desire to put in there because
of the level
of competition.
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.
Beware, too, if the contract also lacks a severability / savings / escape
clause to save the remainder, the whole contract can possibly go void because
of a defect like this, but
of course Chase has one in the cardmember agreement so don't get too excited on that one but you can still look at other contracts you might have (such as
leases for example, future increases in rent must be defined in some way or they are void, such as if they are arbitrarily spelled out as «to be agreed upon» or similar language).
The renters insurance
lease clause will generally require you to have a policy that covers at least a certain amount
of liability, insures everyone in the household, and lists the landlord or their agent as additional interest so that they'll be notified if the policy cancels, lapses, or otherwise does not remain in force.
Re: REITs: Most
leases have rent esclation
clauses that increase the rent over the course
of the
lease term (ex: a tenant in mall might
lease space for 10 years with the rent increasing 2 % per year to cover inflation expectations for the landlord).
Alternatively, a potential adopter may bring a copy
of their
lease / rental agreement showing they have a pet
clause.
Please provide a copy
of the rental or
lease agreement with the pet
clause and list your landlord's information:
If so Please provide a copy
of the rental or
lease agreement with the pet
clause and list your landlord's information:
Your
lease may have a
clause in it requiring that your pet not be allowed to make loud noises repeatedly or for an extended period
of time.
She is hoping to keep several
of the cats that are too old or feral to be adoptable, and a few that are her personal pets, but the landlord is insisting that, because
of her
lease's «no pet»
clause, and despite her claim that he knew
of at least some
of her cats for more than a year, she can't have any.
Both Cooper Union and Singer declined to provide The Villager with a copy
of the
lease, citing a confidentiality
clause that Singer inserted.
It was only the eruption
of anger in the popular press that prompted national house - builders to issue grovelling apologies and promise to remedy the offending
lease clauses.
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.
For example, if you sign a
lease with a Joint and Several Liability
Clause and rent an apartment with several others, all
of you are responsible for each other's share
of the rent.
The problem for prospective purchasers
of leases is that most banks and commercial lenders insist on further investigation where a
lease clause links increases in ground rent to RPI, and some
of the smaller banks will refuse to lend against such a
lease at all.
But what about some recent examples
of leases with
clauses allowing the ground rent to double every 10 years?
With the dust having firmly settled and break
clauses tweaked following last year's landmark case
of Marks & Spencer plc v BNP Paribas, where it was deemed that rent paid in advance before a break date would not have to be refunded for the post break period unless the
lease expressly stated this, a new...
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.
If there is such a
clause in the
lease then that would be allowed, but they can't now decide that they have this right (the terms
of a
lease can't be changed in the middle).
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.
(3.3) The Minister may make regulations governing the sale,
lease or other disposition
of school sites or parts
of school sites or property to which resolutions referred to in
clause (3)(a) apply.
As it turns out, buried deep in the
lease agreement, is a
clause that specifically states that the Tenant is responsible for the removal
of those fixtures (even if the Tenant was not the one who installed those fixtures).
The Tenant and the Tenant's real estate agent do not recall this
clause in the earlier drafts
of the
lease agreement.
I assume there's a «quiet enjoyment»
clause in the
leases, and someone may be able to fight (at the very least) the photography part
of this addendum based on that.
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».
The council served a notice requiring possession
of the property on 15 July 2005, purportedly pursuant to a
clause in the
lease entitling the landlord to terminate the
lease at any time on giving 28 days» prior written notice.
Dukeminster (Ebbgate House One) Ltd v Somerfield Property Company Ltd (High Court & Court
of Appeal)(rectification
of lease and construction
of complex rent review
clause in
lease of distribution warehouse)
He leads a team with a broad range
of experience across the full scope
of property disputes including adverse possession claims, squatter evictions, compulsory purchase, easements, wayleaves and other third party rights, dilapidations claims,
lease renewal litigation, the operation
of break
clauses, possession claims and housing law litigation.
Prudential Assurance Company Ltd v Exel UK Ltd (High Court)(validity
of tenant's attempt to exercise a break
clause in
lease of substantial warehouse)
Importantly, the Court upheld its decision despite the existence
of a
clause in the
lease which stated that the landlord could exercise multiple remedies.
The recent Supreme Court decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and Another [2015] UKSC 72, [2015] All ER (D) 24 (Dec) dealt with that perennial source
of contentious work for the landlord and tenant specialist, a tenant's break
clause in a commercial
lease.
Clause 8 contained a tenant's break clause: by giving six months» written notice, the tenant could determine the lease on the «first break date» of 24 January 2012, under cl 8.1, or on the «second break date» of 24 January 2016, under c
Clause 8 contained a tenant's break
clause: by giving six months» written notice, the tenant could determine the lease on the «first break date» of 24 January 2012, under cl 8.1, or on the «second break date» of 24 January 2016, under c
clause: by giving six months» written notice, the tenant could determine the
lease on the «first break date»
of 24 January 2012, under cl 8.1, or on the «second break date»
of 24 January 2016, under cl 8.2.
Some UK law firms have experience
of negotiating some green
clauses into conventional
leases but there is very little experience
of drafting mid - and dark green
leases.
Edward Denehan successfully appealed to the Upper Tribunal (Lands Chamber) against a decision
of the First Tier Tribunal refusing to allow a landlord to recover litigation costs against a tenant under an indemnity
clause in a long
lease in a case where the FTT had awarded the landlord part
of its costs under rule 13 (1)(b)
of the Tribunal Procedure (First - tier Tribunal)(Property Chamber) Rules 2013: 87 St George's Square Management Ltd v Michael Henry Anthony Whiteside [2016] UKUT 438 (LC).
Recent highlights include handling a right
of access dispute between two farmers; representing trustees
of the Westoby Pension Fund in a construction dispute, which involves a dilapidations claim and structural engineering issues; and acting for a food company, as the commercial landlord, in a dispute regarding a
lease break
clause.