In the NCSSA lease, in section 14. ABANDONMENT: This Agreement shall automatically terminate if Occupant abandons the space(s). Occupant shall have abandoned the space if Occupant has removed Occupant's locking device from the space and IS NOT current in all obligations hereunder.
Can the phrase "IS NOT current in all obligations hereunder" be legally removed? We have had situations where the tenant was current, but left the lock off for many days, and we could not contact them.
Lynn Sykes on Thursday 03/16/2017 at 02:24 PM
We do exactly what Kevin suggests in his comments. No issues.
Kevin Leebrick on Wednesday 03/15/2017 at 03:03 PM
You can change anything in your lease that you want....more or less. The question becomes what type of liability do you open yourself up to. This lease is written by the foremost attorney in the industry. What you might want to do is add something along the lines of:
"Locks are required to be on a unit immediately upon conception of this lease but no later then 24 hours after, time being of the essence. If a unit is found to not be secured by a lock,lessor will place a lock on the unit and the lessee charged for the lock accordingly" Add this in your Rules and Regulations sheet.
I'm certainly not an attorney and the above is what we have done since we require disk locks. If we find a unit without one we invoke a clause similar to the above and charge the tenant accordingly.
Again I would let the lease stand by itself and add this to the Rules and Regulations Sheet which is discussed in Pt. 22.
If they are current, why would you want to get rid of them? Simply add the above to your rules and regulations and make a couple extra dollars.
Good Luck!