The Case Of The Spooky Tenant

Written by Mark Walters


You, Mr. Landlord are pleased to find qualified tenants for your rental house. The man and woman sign a one-year lease on Tuesday.

On Thursdayrepparttar male tenant contacts you and says they have changed their minds because his girlfriend thinks she sees "dead people" inrepparttar 103144 bathroom.

He expects you to cancelrepparttar 103145 lease!

What do you do, hire an exorcist?

No, you smile and softly explain... "Listen Bub, that was a legal contract you signed. It binds both of us to everything printed on those sheets of paper....repparttar 103146 laws says so, that's who!

And that's true... both parties must agree to break a legal contract... it can't be done unilaterally (usually). In this caserepparttar 103147 contract isrepparttar 103148 well prepared, solid gold lease.

"Joint & Several" In Leases

Written by Mark Walters


When you seerepparttar phrase "joint and several" in a legal document or contract it means that thatrepparttar 103143 parties on one side ofrepparttar 103144 agreement are responsible individually and collectively forrepparttar 103145 terms ofrepparttar 103146 agreement.

Example: Inrepparttar 103147 case of two tenants signing a lease agreement, "joint" means they are jointly responsible forrepparttar 103148 rent.

"Several" means that their joint relationship is severed and they are individually responsible forrepparttar 103149 total amount ofrepparttar 103150 rent.

If one does not pay his/her share ofrepparttar 103151 rentrepparttar 103152 other is responsible forrepparttar 103153 entire amount.

Here's an example of a landlord who had a "joint and several" lease withrepparttar 103154 added provision that tenants must pay rent with a check, money order or cashier's check inrepparttar 103155 full amount every month.

Landlord allowedrepparttar 103156 two roommates to pay halfrepparttar 103157 rent each month with two separate checks. Bad policy.

It not only creates accounting problems... but if one tenant pays on time andrepparttar 103158 other is late how do you handlerepparttar 103159 late penalty? And...

If you accept payment from one tenant andrepparttar 103160 other tenant fails to pay have you risked having accepted a partial rent payment and then not be able to evict?

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