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- From: egreen@east.sun.com (Ed Green - Pixel Cruncher)
- Newsgroups: misc.consumers
- Subject: Re: Can a landlord refuse cash?
- Message-ID: <1ihjgdINNnav@sixgun.East.Sun.COM>
- Date: 7 Jan 93 15:50:37 GMT
- References: <1993Jan7.011147.28902@CSD-NewsHost.Stanford.EDU>
- Reply-To: egreen@east.sun.com
- Organization: Sun Microsystems, RTP, NC
- Lines: 47
- NNTP-Posting-Host: laser.east.sun.com
-
- In article 28902@CSD-NewsHost.Stanford.EDU, ash@sumex-aim.stanford.edu (David Ash) writes:
- >In article <1iepa2INNnav@sixgun.East.Sun.COM> egreen@east.sun.com writes:
- >
- >>Simple. Every rental agreement I've ever seen has the simple clause,
- >>"tenant agrees to all terms of this agreement, as may be from time to
- >>time reasonably amended by the management, with 30 days written
- >>notice," or something to that effect.
- >
- >Perhaps with a month-to-month tenancy, but with a lease, how could this
- >stand up in court? A contract must specify the obligations of both
- >parties. By making the obligations vague in this manner, it seems to
- >me (no legal expert) that this is no legal contract.
-
- You seriously believe no contract is written that allows one or the
- other party to change its terms?!? There is nothing wrong with it, IT
- IS IN THE CONTRACT! The tenant agrees to the possibility of change in
- terms, and the restrictions on such change, when he signs the thing!
-
- >>Theft attractiveness via holding large amounts of cash on a regular
- >>schedule is a legitimate concern. If the 7-11 doesn't have to accept
- >>your $100 bill after dark, your landlord is certainly not going to be
- >>forced to accept six of them, from multiple parties, on the same day.
- >
- >The difference is that the 7-11 is not obligated to do business with
- >you. The landlord, once he/she has signed the lease, is obligated to
- >do business for the duration of the lease. If the lease specifies
- >payment to be made by check or money order then fine, but otherwise it
- >seems like cash should be acceptable.
-
- The landlord is obligated by exactly and precisely what is stated in
- the contract, no more and no less (except for applicable laws). He is
- not "obligated to do business for the duration of the lease" if the
- tenant terminates the lease by breaking any clause contained in it. If
- the contract allows him to adopt new policies, he may do so, under
- whatever restrictions are in the contract (advance notice, etc.).
-
- Dig out your insurance policy and read it. I'll bet you a dollar to a
- doughnut there is a similar clause in there somewhere. They specify
- they reserve the right to amend the lease in any way they wish, so long
- as you are notified in writing n days in advance. They probably also
- state that them mailing the notice constitutes you having received it!
-
- ---
- Ed Green, former Ninjaite |I was drinking last night with a biker,
- Ed.Green@East.Sun.COM |and I showed him a picture of you. I said,
- DoD #0111 (919)460-8302 |"Go on, get to know her, you'll like her!"
- (The Grateful Dead) --> |It seemed like the least I could do...
-