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How to Protect Generic Lease Agreement

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In this video, attorney Robert Fleshes discusses seven potentially illegal provisions that could be included in residential lease agreements, which may render the entire lease void and unenforceable. He emphasizes the importance of reviewing these terms for both tenants and landlords before entering into a lease. While recognizing that landlord-tenant laws vary by state, Fleshes notes that the illegal terms he discusses are likely invalid in most states. He also advises against landlords using generic boilerplate leases found online, as these can lead to ineffective agreements. Viewers are encouraged to subscribe for more insights.

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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What are 5 things that should be included in a lease?

These are eight clauses that a landlord should include in a lease agreement in California: Security Deposits. Specific Payment Requirements. Late Rent Fees. Rent Increases. Notice of Entry. Rental Agreement Disclosures. Gas and Electricity Disclosure. Recreational Marijuana and Rentals.

What are the 3 most important clauses you should look for in a lease?

10 Important Rental Lease Clauses to Include Rent Liability. This clause states that tenants are jointly and severally liable for the full rent amount. Severability Clause. Access to Premises. Use of Premises. Holding Over. Sublet Rules. Disturbance Clause. Lessee to Maintain.

What are examples of indemnification?

A common example of indemnification happens with reagrd to insurance transactions. This often happens when an insurance company, as part of an individuals insurance policy, agrees to indemnify the insured person for losses that the insured person incurred as the result of accident or property damage.

What is an example of an indemnification clause in a contract?

Example 1: A service provider asking their customer to indemnify them to protect against misuse of their work product. Example 2: A rental car company, as the rightful owner of the car, having their customer indemnify them from any damage caused by the customer during the course of the retnal.

What are the most important clauses to include in a lease contract?

The most important clause to landlords is the duty of the tenant to pay the rent in full and on time. This includes the right to charge a fee for damages if payment is late. Other important clauses grant the landlord the right to enforce the rules and regulations written into the lease.

What does indemnification mean in a lease agreement?

What is indemnification? a partys agreement to pay the liability, and in some cases, the defense costs and damages, of the other party if a claim is asserted by a third party. In a lease, a landlord permits an unrelated party, the tenant, to do business in and have control over space owned by the landlord.

Should tenants indemnify landlord?

There will usually be a clause in the lease that the tenant must keep the landlord fully indemnified against all losses arising directly or indirectly from any act, omission or negligence of the tenant. The landlord would also usually seek to extend to any persons under the authorisation of the tenant.

Should I agree to an indemnification clause?

Ideally, you should not be agreeing to indemnify a party for liability resulting from the actions, errors, or omissions of their own or of a third party you have no control over.

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