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What's a good way to phrase this to make it legally binding?

 
 
Reply Wed 14 Nov, 2007 11:39 pm
My landlord tells me it's okay if I attach a little clause on my new lease saying that I can legally break the lease at any time as long as I give them 30 days' notice. He told me to just write it on the lease renewal form and send it back to them. Without this clause, they can legally come after me for the rest of the value of the lease. For example, if I decide to move out with 6 months left on the lease, they can take me to court and get all the rent for those months. I guess most people probably already know all this. Anyway, I'm pretty sure nobody ever actually goes after people for that, but it would just make me feel more secure to put it in writing.

So, what's the correct way to put this to make it legally binding? I don't care if it's the most perfectly phrased thing in the world, just a quick sentence that's simple and binding.

Thanks.
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roger
 
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Reply Wed 14 Nov, 2007 11:57 pm
I don't know, Kicky, but I'm sure you're right in believing that an oral agreement is not worth the paper it's written on. By the way, I seem to recall that some of these forms seem to include verbage to the effect that such additions are not valid. After all, they are marketed through office supply stores and sold to landlords; not tenants.
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kickycan
 
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Reply Thu 15 Nov, 2007 12:05 am
Ooh, I did not know that. That's a very interesting little tidbit. Thanks.
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Butrflynet
 
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Reply Thu 15 Nov, 2007 12:56 am
Once you have the language, you should have the landlord date and initial and near the new language you've written in on the form. Otherwise, just you inserting it without proof of the acknowledgement from the landlord will have as much weight in court as a verbal agreement.


As for your assumption that landlords don't usually go after lease tenants for the remaining money due on their lease after they've broken it...watch more Judge Judy episodes.
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kickycan
 
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Reply Thu 15 Nov, 2007 11:58 am
Thanks Butrflynet, I'll keep that in mind.

So is there a lawyer in the house? Can anyone help me phrase this damn thing?
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Rockhead
 
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Reply Thu 15 Nov, 2007 12:30 pm
Seems as though mine is out chasing Ambulances again, but he will be around later today.
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Ticomaya
 
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Reply Thu 15 Nov, 2007 02:12 pm
kickycan wrote:
Thanks Butrflynet, I'll keep that in mind.

So is there a lawyer in the house? Can anyone help me phrase this damn thing?


You don't suppose they're all ... what's the word ... working?

You don't need any magical legalese. Just make it clear that, in consideration of your renewal of the lease, Tenant is granted the right to terminate the lease, at Tenant's sole discretion, upon giving 30 days written notice of Tenant's intent to terminate said lease. As Butrflynet said, get LL to initial your added clause.
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kickycan
 
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Reply Thu 15 Nov, 2007 05:09 pm
Yes! Thank you Ticomaya. Very much appreciated.
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