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All Leases are not Equal. Some are not Legally Correct.

Posted By Cliff Tuttle | January 6, 2011

No. 557

I recently reviewed a residential lease which is distributed by a printer for a fee.  Some of the language in it is unclear and could be read as contradictory.  Some is redundant, causing confusion over which part should apply.  Some of it is just poorly written. However, the thing that struck me the most was a statement that the lease is not enforceable if the proprietary rights of the author of the document have been violated.

In other words, if you use this agreement and don’t pay for it, you can’t enforce it.

Nice try.  But this ploy to ensure payment doesn’t work.  The drafter of the form has no interest in the contract between the landlord and tenant. He has no right to intervene in that relationship and declare the contract between them void.

So, does that mean you should use the agreement and not pay for it?  Absolutely not.

If you have a copy of this document, put it through the shredder.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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