Will This Fly?
Can I specify in a residential lease agreement that the tenant agrees to waive any legal arguements and rights and vacate the property within 5 days of his rent being 30 days past due?
is it legal? Is it enforceable? Is it practical?
Thanks for any help
Dave
Common sense suggests that this is not enforcible. The reason being is that there are local and state laws governing the eviction process and you are not likely to circumvent whatever rights the tenant has by signing a waiver in your lease.
Whether or not this is effective is another matter. Having such wording may encourage tenants to pay on time or not let 30 days lapse. If I were phrasing it I would not discuss waiving rights in the lease, but rather say that tenant agrees to vacate the property within 5 days after rent is 30 days past due.
I have inherited some leases that have unenforcible paragraphs and some of these are very effective. In one lease tenants are responsible for pest control. This violates habitability covenants, however, I have not objected when tenants have called and paid for pest control.
Ed's pretty much got it right. In essence no court is going to give you an eviction order pursuant to such a clause. But I disagree somewhat on his effectiveness issue.
When I see clauses in a contract like this that are clearly in contradiction of the law and unenforcable it makes me very reluctant to go forward and deal with people who do not understand the rules that will govern our relationship-- in short, I think it makes you look like an amatuer.
Even worse...it would make me (as a tenant) think that the landlord is trying to "sneak" something past me for their own gain...and not look out for my interests at all. If that's the case before I've even moved in, what will happen and how with the landlord act once I'm there?
I try to let my tenants know that I do have their interests at heart (up to a point obviously)...an empty apartment doesn't do me much good...I want them to stay.
You need to check the laws in your local area.
Personally, I let the tenant know that the eviction starts on the 5th day that the rent goes unpaid. Theoretically with the eviction lasting approximately a week, I could find another tenant to fill the rental before the months out effectively mitigating the losses. It's perfectly legal too.
[addsig]
Thanks for the responses. The reason I posed this question is because I have a prospective tenant who is balking at my lease terms of 1st +last+ security. We have agreed to do 1st and one month security. But I was looking to attach something that would enable me to quicken the eviction process only in the event the tenant falls behind in his rent payments. I have been told that perhaps I could have him sign a "consent to judgement " form stipulating my terms. Has anyone used or heard of this before? And if so, is this form specific to each state or municipality? I have searched online for more info regarding this, but haven't been very successful so far. Any input would be appreciated.
Thanks
Dave
Attempting to have tenants sign "extra" legal contract will definately bite you when the eviction comes around. Best case is that the extra stuff is ignored, worst case is that it is used to prove that you "bamboozled" the tenant into signing an illegal agreement. Judges generally side with tenants so you don't need extra fodder laying around.
Instead, you just have to put the pressure on the tenant. Tell him/her that you will not give any leeway on late rent and that it is reason for eviction the first time. Then stick to your guns. If they are one day late, file the eviction. Usually that shows them your serious. I let them buy back the first eviction, but warn them that if they can't afford the rental, they need to begin looking for another place. If they are late again, evict again and find new tenants.
[addsig]
Dave,
It sounds as if that what you're looking for is something similar to a "confession of judgment" but instead of getting a monetary judgment, you want fairly quick possession of the property where there is a tenant default. A confession of judgment provision in a lease allows a landlord to expeditiously get a judgment against a tenant who defaults in payment of rent because the tenant agrees ahead of time to the entry of judgment (without the landlord having to file suit and prove there was a default). Confessions of judgment may be available to property owners in PA so long as statutory requirements are adhered to.
However, what you want is to "telescope" the eviction process, not necessarily just get a judgment. I do not know that there is any shortcut available for landlords in residential leases in PA. It's my understanding that PA landlords must file a suit for possession.
Nancy