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Shareware Overload Trio 2
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Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
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lawfirm.zip
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LSEHLP
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Text File
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1990-07-03
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248 lines
Question 1:
There are numerous differences between writing a lease for an
apartment and writing one for a single residence such as a house.
For example, in apartment leases, there usually need to be
provisions to protect the landlord from harm to the building as
well as the actual apartment. There may also need to be provisions
to allow the tenant rights to common areas, etc.
If you are leasing a condominium which doesn't have its own number
(different from a street number) then answer "no" to this question.
Question 2:
Here, you need to enter the name of the Landlord.
Question 3:
The name or names of the tenant(s) need to be entered into the
lease. Remember that any person actually named in the lease will
be responsible for the rent and the other provisions in this
document.
Question 4:
Please enter the Street and number of the building where the
apartment is located. You will have an opportunity later to enter
the Apartment number, City, Town, State, etc.
Question 5:
Please enter the City or Town where the building is located.
Question 6:
Please enter the State or Jurisdiction where the building is
located.
Question 7:
You now have the opportunity to enter the apartment number. This
can be a letter, or combination of letters and numbers, such as
"6G."
Question 8:
If you have designated that the premises to be rented are not an
apartment, then the program will now give you an opportunity to
enter the proper address of the building. Here, you can enter the
Street and number. Please enter an apartment number here if
appropriate.
Question 9:
Please enter the City or Town where the building is located. If
the building is not in a City or Town, use the post office address
of the building here and in answer to question 8.
Question 10:
Please enter the State or Jurisdiction where the premises are
located.
Question 11:
This question allows the user to specify a lease that runs from
month to month with no termination date. Thus, it will continue
until either party notifies the other that they no longer want to
continue the lease or until the lease is breached. A lease that is
not on a month-to-month basis is usually for a term of years such
as a "1 year lease." If the lease you are writing is for such a
period, then you should answer "No" here.
Question 12:
This question allows the user to specify the term of the lease.
Often, a one year term is used. If the lease is to continue on a
month-to-month basis then go back (by pressing "Esc") and answer
question 11 "yes." Please keep in mind that just because you have
designated that the lease will continue for a certain number of
years it can always be renewed at the end of that period.
Question 13:
This specifies the date that the lease will start, usually the
first day that the tenant legally is given access to the premises.
Question 14:
Just as it is important to specify when the lease will start, it is
necessary to predetermine the last day that the lease will be in
effect.
Question 15:
Obviously, it is necessary to define the amount of rent that will
be paid. The program assumes that the rental amount will be based
on a monthly formula since that is the most common arrangement.
Question 16:
The exact day that the rent is due is important. Many confusions
and misunderstandings can be avoided by specifying this day.
Question 17:
This question allows the user to specify whether or not a security
or a cleaning deposit is necessary for the rental of the subject
property. Normally these deposits are used to offset any expenses
that the Landlord has to pay when the tenant vacates the premises,
such as repair of windows, carpets, etc.
Question 18:
Here, please enter the amount of the deposit. Note that the
program will supply the "$" so you needn't.
Question 19:
You can require the tenant to pay the rent for the last month of
occupancy in your lease. This is useful since it ensures that the
rent will be paid even during the month where the tenant is moving
out. Note, however, that in some jurisdictions (particularly
where there is rent control), this kind of clause can be considered
illegal. Thus, you may need to check with an attorney to make sure
that it is okay for your building, condominium or house. If you
are not sure, then answer "no" to this question.
Question 20:
If the lease is for a condominium or house that is subject to
covenants, conditions or restrictions then you should attach those
to the lease. Answering "yes" here will ensure that the tenant
will be bound by those restrictions in addition to the provisions
in the lease itself.
Question 21:
This question allows you to put a provision in the lease that
specifies that the tenant accepts the premises as they are. Thus,
there can be no arguments later that when the premises were rented
there was some obvious defect to the tenant's use. Note, however,
that unobvious or hidden defects, such as leaking roofs, etc., are
not covered legally by a provision such as this one, and the tenant
is making no statement that there are no such problems with the
premises.
Question 22:
The section of the lease created by this question is fairly
standard in most leases, since it offers some assurance to the
landlord that the tenant won't harm the premises or make any
unnecessary repairs.
Question 23:
The purpose of this question is to allow the landlord to specify
that only one family can live in the premises. Thus, the property
could not be rented to a group of students, etc.
Question 24:
This question as well as the next two determine what pets, if any,
are allowed in the residence. Answering "yes" to this question
will allow you to specify what pets are allowed. For example,
perhaps only pets that reside in aquariums or cages are
appropriate.
Question 25:
Having designated that some pets are allowed, you need to specify
which ones. Answering "yes" here only allows pets that live in
cages or aquariums. To allow other pets in addition, please answer
"no" to this question.
Question 26:
You can use this question to specify that certain pets are
allowed. This can be answered by entering "all" or "small dogs,
cats and seals over the age of 34 months." If answered in the
latter fashion, those pets, but no others, will be allowed.
Question 27:
Here, the program allows the user to be quite specific about the
uses for the parking areas around the property. This clause is
often used to restrict the parking of RV's, etc.
Question 28:
This is a fairly standard provision that specifically insures that
the landlord won't allow the property to become uninhabitable.
Question 29:
The purpose of this question is to allow you to put a provision in
the lease that the tenant won't make any repairs or improvements to
the property without first checking with the landlord. If some
repair or improvement is made, then the landlord has the right to
keep the tenant from taking it when the lease ends. This often
will avoid a misunderstanding or keep the property from being
harmed by removing wallpaper, carpet, etc.
Question 30:
This question and the next two questions allow the lease to clarify
what the tenant's and the landlord's obligations are in regards to
the payment of utilities. Most often, the tenant will pay for all
utilities except water and garbage, in which case this question
should be answered "no."
Question 31:
Here, the tenant will be responsible for all utilities except water
and garbage. This is the most common situation.
Question 32:
Here you can designate the actual utilities that the landlord will
pay for. You can enter "all" if that is appropriate.
Question 33:
The purpose of this question is to allow you to put a provision in
the lease that the tenant won't make any repairs or improvements to
the property without first checking with the landlord. Note that
there is no special arrangement that the landlord can keep the
repairs or improvements, unless specified elsewhere in this
document.
Question 34:
This question allows you to add a clause to question 31 that allows
the landlord to charge for removing the improvements that the
tenant makes.
Question 35:
A common area of misunderstanding concerns the landlord's rights to
enter the premises. Answering "yes" here will allow you to specify
under what circumstances the landlord can enter the premises.
Question 36:
Here, you can specify that the landlord can only enter if the
tenant gives him or her permission to do so. Entry into the
premises is often a cause of great concern for both tenant and
landlord. The landlord will need the right to enter to ensure that
the premises are being kept in an appropriate manner, and the
tenant will not wish to have the landlord enter without first
getting the tenant's consent.
Question 37:
If it is necessary for the landlord to enter the premises perhaps
he or she should have the right to do so. This allows entry only
if there is an emergency, to show it to a prospective buyer, to
make repairs or improvements, if the tenant has left or if he or
she has a court order. These are all common reasons why a landlord
might wish to enter his or her building.
Question 38:
This question allows the landlord to insure that the tenant won't
have any recourse legally against the landlord for something that
happens that the landlord can't control.
Question 39:
Here, the landlord will not be held responsible for some condition
of the premises not caused by the landlord.
Question 40:
Here, a tenant can sublet or assign the lease only with the
landlord's permission. This will keep the tenant from putting
someone else in possession of the property who may not be able to
pay the rent or who may not be able to maintain the property as the
landlord wishes. If the landlord must consent to such subletting
or assignment then he or she can prevent this kind of occurrence.
Note that in many states the landlord can not "unreasonably"
withhold his or her consent to a sublet or assignment.
If you wish the tenant to have the right without the landlord's
consent to sublet the premises or assign the lease, then answer
"no" to this question.
Question 41:
Here, a tenant can sublet or assign the lease without the
landlord's permission. Note, that in many states even if there is
a clause creating the requirement that the landlord must consent to
a sublet or assignment, he or she can not "unreasonably" withhold
such consent.
Question 42:
If the tenant were to file for bankruptcy, it would be unlikely
that the rent would be paid. Rather then specifically waiting
until the rent isn't paid, the landlord, by using this provision
can evict the tenant if a bankruptcy action is filed.
Question 43:
This allows the landlord to continue the lease so that the tenant
can be held responsible for all of the rent due under the lease
even though the property has been abandoned.
Question 44:
This would allow the landlord to sue the tenant for unpaid rent and
for the amount of rent due for the entire unused portion of the
term of the lease, as well as to evict the tenant.
Question 45:
In many states it is necessary to have a clause like this in a
contract to enable the prevailing party in a dispute to be
reimbursed for attorneys' fees. The cost of legal help is
becoming such that if you can't get fees from the other side if
the agreement is breached, then it could be too expensive to
proceed against them to enforce your rights. Thus, this kind of
clause is often a very good idea. If you are not sure that you
can get fees in your state or territory without this clause, then
it is recommended.
Question 46:
You need to specify the address where the landlord will receive
notices and rent to ensure that the tenant will have the
address to send such things to.
Question 47:
You need to identify if there will be two signatures on the lease.
Question 48:
The questions are now complete. You can go back to any question
if you wish by pressing "escape", or you can continue with the
program. Now that the questions are completed, the program will
allow you to preview the document, write it to a disk file for
editing further or print it. Note that it will be automatically
saved so you can review or print it later.