M2M-New Lease? (by Sarah [WI]) Apr 21, 2008 11:44 AM|
M2M-New Lease? (by rcn [NH]) Apr 21, 2008 12:01 PM
M2M-New Lease? (by Virden [OH]) Apr 21, 2008 12:30 PM
M2M-New Lease? (by kathy1032 [WI]) Apr 21, 2008 7:19 PM
M2M-New Lease? (by Sarah [WI]) Apr 21, 2008 11:24 PM
M2M-New Lease? (by Sarah [WI]) Apr 22, 2008 1:54 AM
M2M-New Lease? (by billy button [MA]) Apr 22, 2008 8:10 AM
M2M-New Lease? (by Kthy1032 [WI]) Apr 22, 2008 7:14 PM
M2M-New Lease? (by Sarah [WI]) Apr 22, 2008 11:54 PM
M2M-New Lease? (by Sarah [WI]) Posted on: Apr 21, 2008 11:44 AM
We found an illegal item in our lease and in WI, it appears that if one part of the lease is illegal - the whole lease can be thrown out.
The lease is a Month to Month.
We've updated the lease so it's legal and now want to implement it. I'm assuming because it's a month to month, we can do this? I'm assuming we'd have to give it to them at the beginning of a month and then state that it needs to be signed by the beginning of the next month?
Would it be a good idea to state that this replaces the old one? --4.158.xxx.xxx
M2M-New Lease? (by rcn [NH]) Posted on: Apr 21, 2008 12:01 PM
i would just say there were some typo's and you wanted to clean it up and ask them to sign. and collect their current copy. --166.68.xxx.xxx
M2M-New Lease? (by Virden [OH]) Posted on: Apr 21, 2008 12:30 PM
Can you make those spelling correction with an addendum? I like the idea of collecting the old copy, I would not let them take the new lease out of your sight. They should have no problem signing the new one on-the-spot, the lease is m2m afterall. --99.161.xxx.xxx
M2M-New Lease? (by kathy1032 [WI]) Posted on: Apr 21, 2008 7:19 PM
Sarah, I'd really like to know what you found to be illegal in your lease. I've drafted my own from bits and pieces of "real" leases, City ordinances, landlord books, etc... Also, as time goes on when a new problem arises, I also add that. My lease is 12 typed pages but covers (I hope) everything. It's been tested in court and so far so good. --71.82.xxx.xxx
M2M-New Lease? (by Sarah [WI]) Posted on: Apr 21, 2008 11:24 PM
kathy1032 - I also drafted my leases from the same. That is how I ended up with the illegal clause. Unfortunately I don't have the specific statues or legals sites I found this out from, as I was on a power search for another impending tenant issue - go figure! It had something to do with: Tenant agrees to pay all costs and expenses incurred by owner by reasons of tenant's default, including, without limitations, loss of rents, attorney's fees, costs of regaining possession, and re-renting the premises, storage fees and repairing and cleaning costs.
Specifically the ATTORNEY'S FEES portion. Apparently you may not put that in a lease - at least in WI. And from what I read elsewhere, the whole lease could be stricken in court. So I broke down and bought a WI Lease from one of those legal paper places and simply typed it into the computer. I think that is what I did in the first place years ago, but then just recently found that "attorney fees" thing and whole lease being stricken - I think it was some 2006 ruling, but I can't find it at the moment. --4.159.xxx.xx
M2M-New Lease? (by Sarah [WI]) Posted on: Apr 22, 2008 1:54 AM
I found the information on the "attorney fees" I had found before. I noticed that most "standard" leases had something in them about having tenants pay attorney fees - but if you have that in your lease in WI - you may end up with an unenforceable lease! It's on page 2 of 9. I don't think you can put links on here, so I put it in as a TinyUrl. You need to type tinyurl[dot]com/ and then the following: 6o57z
I also found the WI Supreme Court decision from 2003: The Wisconsin Supreme Court in 2001 in Baierl v. McTaggart opined that when a residential lease includes a provision that violates the Wisconsin Administrative Code, the landlord may NOT enforce the remaining provisions of the lease.
Pretty scary stuff, but I bet the lawyers are loving it! Caused me to call an attorney on a lease item! --4.159.xxx.xxx
M2M-New Lease? (by billy button [MA]) Posted on: Apr 22, 2008 8:10 AM
i use forms from mass rental housing assn to avoid this problem.do u have a rental housing assn in your state?best wishes.their lawyers screen these in mass. --208.58.x.xx
M2M-New Lease? (by Kthy1032 [WI]) Posted on: Apr 22, 2008 7:14 PM
One of the paragraphes in my lease states that if one part is deemed un inforcable the remaining lease is still inforceable or something along those lines (it's at the office). I know it's not always so, but wouldn't you think if it's spelled out and signed (whatever it is) it would be binding. crazy world we live in !! --71.82.xxx.xxx
M2M-New Lease? (by Sarah [WI]) Posted on: Apr 22, 2008 11:54 PM
Kthy1032 - Yep - I had something like that also. Wonder if that works? Guess we won't know until we go to court on the lease. I spoke to 3 attorneys I know about this and all 3 concluded that most judges have no idea about this ruling. And further, most would probably just ignore it and think it @ssinine to throw out the "baby with the bath water" as this seems to imply. Here's hoping! --4.159.xxx.xxx