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25 Oct 2016, 6:01 am
Release of insurance proceeds should be independent of the existence of any default under the fee mortgage. [read post]
25 Oct 2016, 6:01 am
Release of insurance proceeds should be independent of the existence of any default under the fee mortgage. [read post]
22 Mar 2018, 6:21 am
Prior to filing suit, however, a landlord should consider its options for financially protecting itself with respect to a tenant that, in all likelihood, does not have sufficient liquid assets to pay any judgment the landlord obtains in court. [read post]
6 Jan 2008, 5:58 am
Indiana law (IC 32-31-3-9) sets out the uses for a security deposit as generally "....deposit paid by a tenant to the landlord or the landlord's agent to be held for all or a part of the term of the rental agreement to secure performance of any obligation of the tenant under the rental agreement" and then gives a bit more detail as: (1) a required prepayment of rent other than the first full rental payment period of the lease… [read post]
28 Feb 2017, 11:41 pm
Until this is done, any rent will be treated as not being due from the tenant. [read post]
1 Jun 2011, 12:25 am
So if the spout fell off one day, you would not have any remedy under contract law, because it would not have been a contract. [read post]
2 May 2013, 7:55 pm
If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any conditions or covenant on LESSEE’s part to be observed or performed under or by virtue of any of the provisions in any article of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. [read post]
23 Jan 2022, 2:03 pm
But under the September 13 lease, a permitted assignment or sublease “eliminates” tenants’ liability. [read post]
23 Jun 2014, 11:49 pm
The problems with forced longer fixed terms Not all tenants want longer fixed terms. [read post]
18 Jan 2017, 1:14 am
When a landlord rents out a property to a tenant, this is a legal contract, and as with all contracts, has terms and conditions. [read post]
15 Feb 2016, 12:41 am
If any of the references you obtain reveal any issues, you should ensure that this is done as a matter of course and do not let to the tenants unless the landlord’s agreement is obtained, in writing. [read post]
5 Oct 2021, 12:10 pm
To be thorough, users should check on whether any more recent laws or regulations were implemented in any particular area since that date. [read post]
5 Sep 2021, 10:56 am
Recovery of litigation costs The lease contained a fairly common costs covenant: “3.10 To pay to the Lessor on demand all proper costs charges and expenses (including legal costs and surveyors’ fees) which may be incurred by the Lessor: –3.10.1 under or in contemplation of any proceedings under Sections 146 or 147 of the Law of Property Act 1925 by the Lessor in the preparation or service of any notice thereunder respectively and arising… [read post]
27 Jun 2011, 8:02 am
Further, the leaseholders had been consulted under s.20, Landlord and Tenant Act 1985 and had not made any comments about the need to replace the roof. [read post]
27 Jun 2011, 8:02 am
Further, the leaseholders had been consulted under s.20, Landlord and Tenant Act 1985 and had not made any comments about the need to replace the roof. [read post]
11 Feb 2018, 8:22 am
That is not in my judgment permissible under any medium of statutory instruction or interpretation. [read post]
30 Mar 2016, 12:23 am
So if you want to rely on that and bring proceedings now you need to be careful to ensure that all payments are accepted as ‘mesne profits’ and without any intention to create a new tenancy. [read post]
6 Jun 2019, 12:00 am
These are all circumstances where now a landlord would use section 21 as although there are grounds which would allow these under section 8, they are all discretionary grounds. [read post]
5 Sep 2010, 4:16 pm
The charge was a service charge: The lease includes the following tenant's covenant in clause 2: "(ix) At all times hereafter to contribute and pay a proportionate part of the expense of maintaining repairing or renewing a) the gutters pipes and other things for conveying rain water from the demised premises b) the gas and water pipes drains conduits and electric wires and other gas water and electric installations in under or upon the upper flat or the reserved… [read post]
5 Sep 2010, 4:16 pm
The charge was a service charge: The lease includes the following tenant's covenant in clause 2: "(ix) At all times hereafter to contribute and pay a proportionate part of the expense of maintaining repairing or renewing a) the gutters pipes and other things for conveying rain water from the demised premises b) the gas and water pipes drains conduits and electric wires and other gas water and electric installations in under or upon the upper flat or the reserved… [read post]
