Avoiding Stress in Covenants and Conditions in Leases

When parties enter into a lease agreement there are generally numerous promises flowing from both the landlord and the tenant. For example, the lesser may promise to deliver possession on a certain date while the lessee may promise to pay $150 dollars as a cleaning deposit before the end of the first month of occupancy. Promises in leases can be classified as covenants or conditions.Breach of a condition automatically gives the other party the legal right not to perform her or his obligations. In contrast, breach of a covenant does not eliminate the obligation of the injured party to perform. It merely gives the injured party the right to sue for damages caused by the breach of the covenant. Leases which have been well drafted by a landlords lawyer will make all the tenants’ promises conditions stick.If the contains condition prohibiting a pet of any kind in the residence and the tenant kept a caged cat, the landlord could evict the tenant. If on the other hand, the lease didn’t make the tenant’s promise a condition, the landlord could only sue for the damages resulting from keeping the cat, if any can be proved. Some states have enacted statutes which cause all the tenants promises to be treated as conditions.In general the law assumes that the lesser and lessee will negotiate all the covenants and conditions needed to establish a workable relationship. In many cases, however, the parties agree only on the very basic terms of the transaction such as the rental amount and the length of the lease. In these situations the law will recognize the existence of implied covenants and conditions.Implied covenants and conditions in general, these promises favor landlords rather than tenants. Thus, most wise tenants will insist on executing a detailed written lease. If a duty to repair issue come up, unless the lease provides to the contrary in most states the lessee has the duty to make ordinary repairs to the rented property.This duty stems from the common law obligation imposed on all who temporarily occupy realty not to allow the property to waste (deteriorate) away. However, if the landlords conduct cause the defect, the landlord may be obligated to repair. Further, if this landlord caused defect makes the property unfit for the intended use. If the landlord refuses to repair, the tenant may in some states, treat the situation as a constructive eviction by moving out and paying no further rent.For example, if the landlord failed to repair the heating of a air-conditioning system in a large apartment complex during the middle of a very cold winter, the tenants could move out and not be liable for rent even though six months of the lease period were remaining.There are far more covenants and conditions in leases, to look into such as fixtures, tort duties, implements and quiet enjoyments to be discussed in upcoming articles. To save possible stress later on when entering into these lease agreements a good idea is to go ahead and pay eighty bucks to have an attorney look over a lease agreement contract before signing by both parties. Its just not worth it, anything can come up.