Civil/Commercial Litigation (Lawsuits)/Query...

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Question
Hello!

Got the following question.
I am assisting with preparing a lease for a rental property. In doing so I am trying to identify all of the risk and stipulate it on the contract. The contract seems a bit overly protective to the landlord, yet it does not break any laws.
By no means do I intend to be unfair to the tenant. How do I say to the tenant that the clauses are strict but it is not meant to take advantage of him or her.
What are some phrases or lines I could use to convey that the strict clauses are not meant to take advantage of the tenant and that as landlord we promise to be fair.

Answer
Hello S. Mahabir,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

A common law rule of contracts is that any vagueness or ambiguity is intepreted against the drafter.  That may be the reason why the lease forms you find typically favor the landlord, because any time they don't they may be looked at to the landlord's detriment when they are vague.

I don't think you need any particular language to convey that you are trying to be strict, the language itself speaks for itself.  As far as fairness, there is generally an unwaiverable implied covenent of fair dealing, so that term is already there.  Also, if the tenant accepts your terms, that's an indication the tenant at least thinks its fair.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law  

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

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I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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