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Rental Contract Questions, Direct contract with owner issues
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mini orchard
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 Jul 16 2020, 09:20 PM
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QUOTE(Just2centslah @ Jul 16 2020, 09:09 PM) Hi, The tenant agreement is one to one contract right? But I found this item: This Agreement shall be binding upon the respective heirs, personal representatives, successors-in-title and assigns of the Landlord and Tenant. Why rental agreement is family to family contract? I found this wrong. I never see any rental contract like this before. Should this be removed from the contract? Thanks in advance. Meaning ... When the tenant signs the TA for e.g. 2 years, he agreed to stay for 2 years. If you as the landlord sells the property or transfer to your immediate family, during the two years, you cannot evict him but to transfer the tenancy to the new owner together with all deposits paid. For the tenant, the wife or children can take over the tenancy if the husband / father pass away. This post has been edited by mini orchard: Jul 16 2020, 09:54 PM |
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mini orchard
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Jul 16 2020, 10:11 PM
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QUOTE(Just2centslah @ Jul 16 2020, 09:09 PM) Hi, The tenant agreement is one to one contract right? But I found this item: "This Agreement shall be binding upon the respective heirs, personal representatives, successors-in-title and assigns of the Landlord and Tenant." Why rental agreement is family to family contract? I found this wrong. I never see any rental contract like this before. Should this be removed from the contract? My parents are renting a house. I am not supposed to be engaged their matters because I don't sign. If my parents sign such a contract, do I have to find a lawyer?Thanks in advance. Dont understand. Explain more. |
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mini orchard
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Jul 16 2020, 11:14 PM
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QUOTE(Just2centslah @ Jul 16 2020, 11:03 PM) First, thank very much for your replies. Very helpful all the time. This clause implies a very wide spectrum of issues. I believe the contract should be the person who has the ownership of the promise (or the successor of the ownership) and the actual people living in the premise. My parents will rent the house. I don't live with my parents. So I should not be included in their contract. So "the heir of the tenant" should be excluded. I am an adult child who lives in own property. I am 100% irrelevant. I'm an adult who doesn't sign the contract, yet the contract includes me. Say unexpected disaster happens. (I'm sure it's not likely. So it is disaster.) Am I liable to this even though the contract doesn't have my signature? But is this just a common practice to include this clause of unnecessarily broad meaning? If you are not happy with the clause, you can request to remove the tenant. In the event the signatory passed away, the survival (mother /father) may not continued to stay in the property if the landlord chose to discontinue the tenancy. |
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mini orchard
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Jul 16 2020, 11:21 PM
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QUOTE(Just2centslah @ Jul 16 2020, 11:14 PM) 2. the expression “the Landlord” shall include any legal entity and the personal representatives, successors-in-title and assigns of the Landlord; 3. the expression “the Tenant” shall include any legal entity and the personal representatives, successors-in-title and permitted assigns of the Tenant; <-------> Above should be enough without 'heirs'. Heirs are automatic children. Permitted assigns can be anyone, if is not named, then who ? How do landlord liaise with the occupants after tenant passed other than the children. If you want to be specific, then have your mother's name as the assignee in the tenancy (e.g.) This post has been edited by mini orchard: Jul 16 2020, 11:29 PM |
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