I have three paragraphs that I am wondering if it is legal in NC first of all and then secondly can we incorporate them in to our lease? We use your recommended lease and was wondering if legal in nc, can we incorporate in to the lease. I have an employee asking me these questions and have noted some thoughts of my own below each paragraph.
On the first (1) day of the month, if rent is unpaid, Owner will seal the delinquent rental unit. It is illegal for you to tamper with this over lock or enter the storage space at this time. The owner may, at their discretion, cut the lock to verify that the tenant has not vacated their unit. If the unit is vacant or abandoned it can then be re-rented. If the unit is not vacant, the owner may, at this time, move the contents to another location to be stored and the occupied agrees to be solely liable for any damage, lose or expense incurred by this action. At this point the Owner has a lien on the occupants property. If rent is delinquent for 3 months or more, the owner has the right to remove and dispose of contents of the storage space in any manner they deem to be appropriate. If this is done, all contents are forfeited and the occupant will still be liable for rents due prior to the removal of contents.
- I am understand that they must be more than 5 days late in NC and then follow the schedule for late fees and foreclosure in the current lease, is that correct or is this an option?
Time is of the essence of this Rental Agreement and of each provision of this Rental Agreement. Words used in the singular shall include the plural where the context requires. All rights, powers, options and remedies give or granted to the Owner by this Rental Agreement or by law, are cumulative, and no one of them is exclusive of another. If any provision of this Rental Agreement is held by a court to be void or unenforceable, the other provisions shall remain in full force and effect.
- No real thoughts on this, it is a good point, as it is now, if a court found a portion of the lease unenforceable, is the whole thing voided, if so, this would be good to add.
No Oral Agreements:
This Rental Agreement contains the entire agreement between Owner and Occupant, and no oral agreement shall be of any effect whatsoever. Occupant agrees that he/she is not relying and will not rely, upon any oral representation made by Owner, or by any of owner’s agents or employees purporting to modify or add to this agreement in any way whatsoever. Occupant agrees that this agreement may be modified only in writing, signed by both parties, in order for such modification to have any effect whatsoever. Owners employees have been forbidden from providing any service on behalf of Owner. Should employees of Owner provide service at Occupants request, such employee shall be deemed to be agent of occupant regardless of whether payment for such service is made or not, and Occupant agrees to hold Owner harmless from all liability in connection with or arising from directly or indirectly, such services performed by employee of Owner.
- I guess this day and time, you must address all but I am thinking that oral is not an agreement at all – is this necessary?