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Problems Emanating from Real Estate Leases - Essay Example

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The paper "Problems Emanating from Real Estate Leases" states that the lease contract has followed several leasing principles such as renewal terms and use of premises. The items mentioned above need some form of adjustment to make the life of every tenant more comfortable…
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Problems Emanating from Real Estate Leases
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Extract of sample "Problems Emanating from Real Estate Leases"

The Lease Agreement should have option clauses that will enhance the flexibility of all tenants through offering, subletting, and reassignment or transfer of leasing rights (Jacobus 282).
The first item that appears uncomfortable is leasing the bedroom apartment because I am not allowed to use any other part of the premise. Flexibility should be enhanced for all tenants by the proprietor in terms of using other sections of the premises (Jacobus 282). Another problem with the lease is that the contract runs for a year. As a tenant, I have no flexibility in terms of terminating the contract before the stipulated period. Moreover, the property manager, who is Joe Daworker, is responsible for handling issues concerning the use of premises. A problem may arise making me want to talk directly to the owner of the premises. As a tenant, I feel that 1,455 US dollars is a lot of money to be paid to the proprietor within a single day because the security deposit is to be paid during the signing of the lease contract. The security deposit should be paid in installments because there is no guarantee that I will damage any part of the premises as a tenant. Another problem arises from the possession of the premises as outlined in the lease contract. Since I will be entitled to possess the premises on the first day of signing the contract, I feel that the proprietor should also be responsible for ensuring the well-being of all tenants. This should involve carrying out maintenance and repairs of the one-bedroom apartment during my stay on the premises. After the expiry of the leasing contract, the proprietor should give tenants some time to relocate to another apartment or place before being forced to vacate the premises. The contract also states that tenants should notify the proprietor immediately when he or she continues to stay in the apartment after the expiry of the lease. This item needs to be adjusted to give all tenants enough time of deciding on whether to continue staying in the apartment or to move out. According to premise usage, the proprietor restricts any form of retail, professional and commercial activities within the apartment. In the event of carrying out any commercial activities, consent must be obtained from the proprietor by following. This item contrasts with possession rights because I should be allowed to carry out any legal activities within the apartment as a tenant. The proprietor requires tenants to get liability insurance before engaging in any professional or commercial activities. In the event of failing to abide by that item on the leasing agreement, the tenant is evicted from the premise with immediate effect because he or she is said to have breached the leasing contract. I find this item tedious and costly since the process of obtaining insurance liability is quite demanding and expensive (Jacobus 283).

In terms of evicting the premise, I feel that every tenant should be given adequate time to find another apartment before being forced to vacate the premises. The contract restricts any extra person apart from the tenant to stay in the apartment. I find this clause unrealistic because relatives and friends may want to spend a couple of nights in the apartment. This item on the contract needs to be adjusted so that tenants should be allowed to stay with their friends and relatives within the apartment. Despite the contract allowing tenants to have guests for a limited time of fourteen consecutive days, the impression created for tenants is that their freedom is restricted.

The privacy of tenants is compromised when the agreement restricts the sharing of bedrooms within the apartment. As mentioned earlier, tenants should not be involved in the tiresome process of having written approvals before allowing guests to stay in the apartment for more than 28 days in a calendar. Renewal terms of the contract are unfriendly to tenants and need to be altered. Since the lease is renewed automatically for 12 months, as a tenant I feel that I should be allowed to vacate the apartment at any time that might be convenient to me without having to notify the landlord within 60 days before the lease termination. The last item in the lease contract that is improper entails disallowing tenants to have any pets within the premises. All tenants as well as guests deserve the freedom of having pets within the apartment (Jacobus 283).
The major items that should be adjusted relate to the freedom of tenants, use of premises, renewal terms of the contract, and prohibition of pets within the premises. Read More
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