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Nov. 15, 2006
I got a lease document prepared by the Indian real estate agent who has agreed to rent me a furnished studio apartment in Arlington. Having read through the four pages agreement, I have to say I am not legal professional, he is!
Among the various terms and conditions, one paragraph about availability of the rented unit calls my close attention as it seems saying the landlord is allowed to terminate the lease when the unit becomes unavailable at any time for any reason (e.g. he gets someone who wants to pay more) and the only liability of the landlord in such case is to just return the security deposit. It then exposes me under a risk of losing the unit at any time for any reason without any remedy. The paragraph reads as this:
IT IS also agreed that a different unit may be assigned to the tenant if the intended unit as described herein is not available at any time for any reason. The Landlord’s liability shall be limited to only a refund of the security deposit if another vacant unit belonging to Landlord is not available at the time. This Lease will then automatically be terminated.
It doesn't sound fair, does it?
So I wrote back and asked if he can clarify that the term only applies to limited circumstances, e.g. fire, natural disaster, and so on. Shortly after that we had a phone conversation. He said the term is designed for only emergency situations and I ,as well as his other tenants, always over-concern about it. I'm not sure if I can trust him so I gooled him. You have to admit the power of Internet. I got his Bio! From the Bio he does look like a business professional (he interestingly graduated from my school as well). I still don't feel comfortable with signing a lease having the term in its current form. Maybe I just have to if you think how many unreasonable terms you have seen from your service providers like telephone company, car rentals etc. But I would still try to have some sort of written explanation of that term from him. Then if something unfortunate happened, I would have some evidence to show how this was understood by both parties when we signed the agreement. I'm here trying to practise what I just freshly learned from my contracts law class
Will see how it goes in the next few days. |
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