 Replace or Append? (by John Baierl [WI]) Jul 26, 2014 6:28 PM
 Replace or Append? (by Moshe [CA]) Jul 26, 2014 7:14 PM
Replace or Append? (by ALDO [WI]) Jul 26, 2014 7:21 PM
Replace or Append? (by BRAD 20,000 [IN]) Jul 27, 2014 10:47 PM
Replace or Append? (by John Baierl [WI]) Posted on: Jul 26, 2014 6:28 PM
Message:
Can a nonstandard rental provision replace and supersede a provision in the original lease, or am I limited to adding more provisions that are not allowed to contradict the original lease?
--71.90.xx.xx |
Replace or Append? (by Moshe [CA]) Posted on: Jul 26, 2014 7:14 PM
Message:
If both parties agree, and the supersession is not forbidden by law, then an agreement to modify the lease has no reason to be dismissed simply because the supersession contradicts the original lease.
--96.247.xx.xxx |
Replace or Append? (by ALDO [WI]) Posted on: Jul 26, 2014 7:21 PM
Message:
I'm not sure I understand the second half of your question, but the sole purpose of the Non-Standard Rental Provision document is to provide a description of every item for which you could conceivably charge the tenant's security deposit. It is not intended to replace or supersede any of the rental provisions contained in your lease nor can it be used to add a provision to your lease. --70.92.xxx.xxx |
Replace or Append? (by BRAD 20,000 [IN]) Posted on: Jul 27, 2014 10:47 PM
Message:
John,
I understand your question as wanting to make a change.
Just spell it out in plain English, carefully examining it for loopholes or misunderstandings. Have someone else read
it.
Clearly state "The paragraph titled REPAIRS shall be deleted and replaced with the new paragraph titled REPAIRS-REVISED 7-27-2014."
BUT...
gotta know YOUR judge.
Mine says whatever is dated most recent is the one that applies.
But not all judges rule based on the written lease.
To be super safe, I'd just sign a fresh lease.
Reminder: federal law says a new or changed lease requires a new Lead based paint booklet and acknowledgement form. --67.175.xx.xxx |
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