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Lease Review - Assignment Example

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These clauses will be discussed and possible remedies for change given. One problem that may arise from the lease agreement has to do with the no pets allowed clause. This is because I own a pet that I have owned for a long time and which is a family favourite as it helps an autistic cousin who lives with us. Two types of laws, which would provide a tenant with the right to keep their pets where there is a provision against pets like this exist. One of them is local or municipal law, which holds that provisions against keeping pets are waived if the tenant keeps a pet and the landlord does not enforce the said no pet’s provision in the first 3 months in which the tenant is openly and notoriously keeping the pet in their house (Garner & Frith 38). In addition, local laws and federal laws will also allow a tenant to keep pets even where the landlord has expressly insisted on no pets allowed. Those laws prohibit discrimination against disabled people, mandating the landlord to grant tenants reasonable accommodation that is required for disabled persons to enjoy and use their new home (Garner & Frith 38). These laws should be used to correct the lease agreement to allow me to keep pets where there is opposition even from fellow neighbours who obey their lease agreement. While the landlord may be within his rights, these prohibitions are overridden by superseding laws. Another problem that may arise from the lease agreement is the access to the house by the landlord. While this would not be such a problem in other circumstances, keeping a pet in the house for the first three months to prevent its removal will be compromised by the landlord coming into the house when he wishes. There are very many variables to the in the definition of what reasonable access for the landlord is. What can be considered reasonable will be dependent on each individual circumstance. Standard terms will give the basis on which the correction to the lease agreement will be made (Garner & Frith 49). These terms contend that landlords cannot access the house before 8 in the morning and after 6 in the evening, on public holidays, and on Sundays. Since the pet dog is usually in the house during these periods, the lease agreement can be changed. In addition, it can be corrected by insisting the lease agreement includes a clause that entry can only be granted where the tenant consents, there are issues of safety and health, and where urgent repairs are required during these periods. The lease agreement could also include a clause that does not allow the landlord to interfere with the tenant’s reasonable peace, privacy, or comfort (Garner & Frith 50). This will place a restriction on access the landlord may be entitled to. While the tenant is required by law to allow the landlord some access, this access may at times be in breach of the discussed clause, which the tenant is allowed to refuse. The third problem that arises from the lease agreement entails the clause on indemnity regarding use of premises. The problem could arise where fellow neighbors cause damages or children cause damage to neighbors’ properties together with other children living in the leased property. To ensure that this is corrected in the lease, the indemnity can be changed so that it is in the form of cross-indemnity, rather than just one way from tenant to landlord so as to ...Show more
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Name: Instructor: Course: Date: Lease Review Lease agreements are a complex issue to deal with, particularly as a tenant. This is because the agreements contain numerous clauses that work in tandem, which when taken alone could prove very complex to understand and follow…
Lease Review Assignment
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