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What a Lease is and is Not |
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Written by Ken Bauer
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A lease is an agreement (almost
always written) that outlines a series of smaller agreements between
landlords and tenants that surround a projected period of time (usually
a one or two year period). Some of the items included in leases are
when rent is due, how long the lease is for, how many people are
allowed to live at an address, general care for the premises, parties,
the handling of breaking the lease, etc. And believe it or not- most of
what is in a lease does not matter.
What a Lease is Not
A lease is not an ironclad, rock-solid agreement that has eminent
domain over the parties involved. Only the laws, statutes, and codes of
the state (and larger cities that have home-rule authority) in which
the lease is signed have eminent domain and reign supreme. What that
means is that a lease does not have more authority than the state in
which it was signed. You cannot depend on a landlord to tell you what
rights you have in your state. You cannot depend on the landlord’s
attorney to tell you your rights. The landlord may not even be familiar
with the laws of the state. But know this, only the parts of the lease
that are in accordance with the laws of the state and are executed as
the state requires are valid and enforceable.
What if the Lease Goes Against the Law
If a part of your lease goes against what the law says then you are not
bound by it. It does not matter that you signed and agreed to it. You
could sign and agree to sell yourself into slavery and it would not
matter or be enforceable because slavery goes against the law. The same
applies with leases. Pay very close attention. Despite what any lease
states it may not apply in reality. What that means is that when a
lease claims one thing (for example that the landlord can kick you out
with no notice), and it is contrary to the laws of the state in which
it was signed- the laws of the state apply, not the lease. That is,
unless you allow the landlord to get away with it by not using the law.
We have found that almost all leases contradict the laws that govern
them in some fashion and many do entirely altogether. The odds are in
favor that your lease contains items that are entirely unenforceable. I
will show you how to identify those parts and what to do with difficult
landlords altogether. Also, if you fall behind in your rent you are
probably not in as much trouble as you think.
Back to Landlords and Leases
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