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by teck21 » Tue, 18 Aug 2009 10:55 am
OP: you agreed to the terms of the contract, so you really haven't got a case.
As far as all tenancy agreements go, anything is possible if both parties sign as a matter of agreement on anything that's not illegal, or unreasonable.
Illegal is much easier to define, and there is nothing at all illegal about that clause.
Unreasonable? Now that's always tricky for it is subject to interpretation.
As some of the posters here have said, trying to reach some sort of compromise with your tenant is the bast option. Just as you as a landlord have the capacity to really screw your tenant over, your tenant can really do likewise to you. And none of it need to be illegal so to speak.
Actually, you didn't state in your post whether or not such events have occured as to trigger the activation of the clause. If they haven't, there's nothing to be done really.
At the time you signed the agreement though, did the agent advise you of that particular clause? If not, call the agency up, speak to someone in charge and kick up a huge big fuss. Not sure what that'll do though. Take it as a lesson learnt and you should not agree to any clauses youare not comfortable with.
Although honestly, if the average agreement is read carefully enough, it really is full of ambiguous nonsense. So really, the best thing to do is always to maintain a good working relationship with your tenant.
Everyone does their share of give and take, and everything's fine. Too bad give and take is too much to ask of some people. Bad luck if you get one on your hands.