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InvisibleZippoZM
Knomadic
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Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
please help me, should i sign this lease contract??
    #4605124 - 08/31/05 09:00 PM (11 years, 10 months ago)

this was e-mailed to me by the leasing agent today. its for a 3 month lease at 2 grand a month.... i think that it says that if i miss a payment they have the right to take my personal belongings to settle the debt???

here it is

--------------------------------------------------



WHEREAS, Sublessor desires to sublease to Sublessee and Sublessee desires to sublease from Sublessor the Premises defined in the aforesaid Original Lease on the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants contained in the Sublease, the parties hereto agree as follows:

1. Term: This Sublease begins on September 15, 2005 and will continue through December 31, 2005.

2. Premises: Approximately 5,000 rentable square feet on the 3rd floor.

3. Possession: Possession will be tendered to Sublessee on an "as is" basis on or before September 15, 2005 provided that the advance rent and security deposits referred elsewhere in this Sublease have been tendered to Sublessor and that the Sublease documents have been executed by the parties.

4. Rent: The Monthly Rent for the duration of the sublease term shall be as follows: Two-thousand dollars per month ($2,000). Since the last month is for only 15 days, the Rent for December 15 to December 31, 2005 shall be One-thousand dollars ($1,000). The Monthly Rent is payable in advance on or before the 15th day of each month to Sublessor.

5. Notices: Any notices required to be given under this Sublease shall be effective as provided in the Original Lease and addressed as follows:

If to Sublessor: removed by me!~~~~
If to Sublessee: removed by me~~~~

Any notice so given, if mailed as aforesaid, shall be deemed received the second (2nd) day after it is deposited in the United States Mail.

8. Liability: Neither Sublessor or Landlord shall be liable to Sublessee, or those claiming through or
under Sublessee, for injury, death or property damage occurring in, on or about the Sublet Area to Sublessee or an employee, customer or invitee of the Sublessee and Sublessee shall indemnify Sublessor and Landlord and hold them harmless from any claim or damage arising out of an injury, death or property damage occurring in, on or about the Sublet Area to Sublessee or an employee, customer or invitee of the Sublessee.

9. Entry: The Sublessor may at any reasonable time, enter the Sublet Area to inspect, make repairs, improvements and/or changes in the Sublet Area or other premises in the Building of which the Sublet Area is a part as the Sublessor may deem proper.

10. Remedy: If the Sublessee defaults in the observance or performance of any of the Sublessee's
covenants, agreements or obligations hereunder wherein the default can be cured by the expenditure of money, the Sublessee may, but without obligations and without limiting any other remedies which they may have by reason of such default, cure the default, charge the cost thereof to the Sublessee and the Sublessee shall pay the same forthwith upon demand, together with interest thereon at the highest permissible rate of interest allowed under the usury statutes of the State of Illinois or in case no such maximum rate of interest is provided, at the rate of 12% per annum.

11. Default: If the Sublessee shall default in the payment of any installment of rent or in the observance or performance of any of the Sublessee's covenants, agreements or obligations hereunder, or if any proceeding is commenced by or against the Sublessee for the purpose of subjecting the assets of the Sublessee to any law relating to bankruptcy or insolvency or for an appointment of a receiver of Sublessee or of any of Sublessee's assets, or if Sublessee makes a general assignment of Sublessee's assests for the benefit of creditors, then, in any such event, the Sublessor may, without process, re-enter immediately into the Sublet Area and remove all persons and property therefrom, and at its option, nullify and cancel this Sublease with respect to all future rights or the Sublessee and have, regain, repossess and enjoy the Sublet Area, anything herein to the contrary notwithstanding. Sublessee hereby expressly waives the service of any notice in writing of intention to re-enter as aforesaid, and also all right of restoration to possession of the Sublet Area after re-entry or after judgment for possession thereof. In the case of any such termination, the Sublessee will indemnify the Sublessor against all loss of rents and other damages which it may incur by reason of such termination during the residue of the term of this Sublease, and also against all attorney's fees and expenses incurred in enforcing any of the terms of this Sublease.

12. Assign or Sublease: The Sublessee shall not have the right to assign this Sublease or sublet all or any part of the Sublet Area without the prior written consent of the Sublessor.

13. Rights and Obligations: In no event shall Sublessee have any rights in respect to the Premises that are greater than the Sublessor's rights under the Original Lease. Sublessor shall have no liability to Sublessee for any matter whatsoever, except as specifically provided herein. Sublessee also recognizes its obligations to abide by those terms and conditions recited in this Sublease and the Original Lease.

14. Use of Premises: The Premises shall be used and occupied for general artistic uses and for no other uses.

IN WITNESS WHEREOF, the parties have executed this Sublease as of the date first written above.

SUBLESSOR SUBLESSEE


By:______________________________ By:______________________________

Title:____________________________ By:______________________________

Witness:__________________________ Witness:__________________________


----------------------------
what do you think?
at the very lease i want a notice before the lkandlord or sublettors come into the place...


--------------------
PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."


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Invisiblerod
Ψ
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Registered: 06/29/05
Posts: 3,727
Re: please help me, should i sign this lease contract?? [Re: ZippoZ]
    #4605160 - 08/31/05 09:06 PM (11 years, 10 months ago)

google for tenants rights in your state, and you will find
the info you need, in Tx, they cant do that, but for you I cant say.


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Offlinedr0mni
My Own Messiah
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Registered: 08/21/04
Posts: 2,921
Loc: USF Tampa, Fl
Last seen: 10 years, 1 month
Re: please help me, should i sign this lease contract?? [Re: rod]
    #4605279 - 08/31/05 09:23 PM (11 years, 10 months ago)

well I'm no lawyer, but I wouldn't sign it. Sounds really shady, and is definitely worded in a way that is designed to confuse the fuck out of you!

Plus I don't like this line: "Sublessee hereby expressly waives the service of any notice in writing of intention to re-enter as aforesaid, and also all right of restoration to possession of the Sublet Area after re-entry or after judgment for possession thereof."

But what exactly are the conditions that would justify this "re-entry"?

"If the Sublessee shall default in the payment of any installment of rent or in the observance or performance of any of the Sublessee's covenants, agreements or obligations hereunder"

now this sounds reasonable, but what about his next part?

"or if any proceeding is commenced by or against the Sublessee for the purpose of subjecting the assets of the Sublessee to any law relating to bankruptcy or insolvency or for an appointment of a receiver of Sublessee or of any of Sublessee's assets, or if Sublessee makes a general assignment of Sublessee's assests for the benefit of creditors, then, in any such event, the Sublessor may, without process, re-enter immediately into the Sublet Area and remove all persons and property therefrom, and at its option, nullify and cancel this Sublease with respect to all future rights or the Sublessee and have, regain, repossess and enjoy the Sublet Area, anything herein to the contrary notwithstanding."

what exactly does this mean? If you go bankrupt then your landlord claims your stuff? Or does it mean that they can just kick you out and remove all your stuff?

I'd really talk to a realestate lawyer about this before you sign the contract, if I were you.


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InvisibleZippoZM
Knomadic
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Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
Re: please help me, should i sign this lease contract?? [Re: dr0mni]
    #4605331 - 08/31/05 09:35 PM (11 years, 10 months ago)

yeah my good friends mom does this stuff for a living, but she hasnt called me back yet i suppose its time for another call to her.

but yeah that whole property acquisitoin thing is actually illegal in chiacgo accfording to some tennants rights thing.


--------------------
PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."


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InvisibleLe_Canard
The Duk Abides

Registered: 05/17/03
Posts: 94,378
Loc: Earthfarm 1 Flag
Re: please help me, should i sign this lease contract?? [Re: ZippoZ]
    #4605359 - 08/31/05 09:40 PM (11 years, 10 months ago)

That liability clause sounds kind of "iffy" to me. If you open up a dance club like you said you were, and if someone gets hurt, they can sue the hell out of you, even if the accident was caused by something like a rotten floorboard or a piece of the ceiling crashing down......


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InvisibleLiquidkick
H2O
Registered: 05/03/02
Posts: 2,635
Re: please help me, should i sign this lease contract?? [Re: Le_Canard]
    #4605510 - 08/31/05 10:11 PM (11 years, 10 months ago)

Tennants rights go out the window if you sign your rights away...


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Invisiblemantis
Male User Gallery

Registered: 01/26/03
Posts: 5,235
Loc: Bunker Alpha, GMC Flag
Re: please help me, should i sign this lease contract?? [Re: ZippoZ]
    #4605573 - 08/31/05 10:21 PM (11 years, 10 months ago)

I hate the way it's worded to intentionally confuse you. It seems unnecessary for legal documents to be written in such a manner.

It makes me glad I'm not studying law-- what a load of BS :smirk:

Sorry, I have nothing of value to add... except that it sounds shady to me. Are all legal documents so verbose or just a lot of them?


--------------------


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