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Legal advice needed on tenancy agreement

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sundaymorningstaple
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Postby sundaymorningstaple » Sat, 15 Aug 2009 8:46 am

madfysh wrote:yeah, everyone's feedback has a point or two. while i try to put myself in the shoes of the tenant's, i also do not want to sign my life away and end up on a losing end...especially when the opposite party is a corporate who is armed with a team of legal experts. I will try to get them to get rid of the country club clause.

Keeping fingers crossed.


If the corporates want replacement, I doubt seriously that your condo provides a golf course or restaurants on the premises, you might want to try a compromise of a reduction of rental OR a fitness club membership (where a pool is available - apparently there are a few). Again, with the decision of which one being up to you, the landlord.

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Postby 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.

madfysh
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Postby madfysh » Thu, 20 Aug 2009 3:43 pm

Nope, I haven't agreed to any of the clause, that's why I was asking.

And I haven't done anything to screw the tenant. Whatever he/she wants, stated in the LOI, I have, in my best capacity, gotten for him/her.

But because a TA is a legal binding document, before I put my big signature on the dotted line or kick a big fuss with the agent/agency, I just wanted to do my homework and know if that were the standards.

Now I know it wasn't, I have put through a request for the 'country club' clause to be deleted.

morton
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Postby morton » Fri, 28 Aug 2009 3:39 pm

According to what you wrote, it's an either/or. You either give them some rent reduction OR you give them a CC membership. $1 off the agreed price is a rent reduction. You may choose to be a bit more generous, say $100, but if it's not stated exactly in the agreement then it's pretty much your discretion.

Having said that, I wouldn't agree to those terms. You sure the tenant is not the girlfriend/sister/uncle of the agent, who just happens to know that there are some major works on the pool/gym/whatever coming up? Sounds fishy to me.

Find another agent.
Divers just love going deep and getting wet (not to mention all that rubber!)


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