View Full Version : Wording of escape clause in rental agreement
alexny128
Nov 12, 2011, 12:16 AM
Potential tenant is not certain to complete one year lease. Tenant might be assigned to work in another location by his employer.
excon
Nov 12, 2011, 03:36 AM
Hello a:
A lease is binding, and you want to make it NOT binding... That ain't going to work.. Make it a month to month and then everybody's happy.
excon
Fr_Chuck
Nov 12, 2011, 05:26 AM
You can always ask for it to be written in, but it is up to the owner to allow it. Most will not, since that is why they want a lease
AK lawyer
Nov 12, 2011, 06:02 AM
Potential tenant is not certain to complete one year lease. Tenant might be assigned to work in another location by his employer.
"Should tenant be assigned to work in another location by his employer, tenant may terminate his obligations under this rental agreement upon the delivery to lessor of written notice if such assignment and of tenant's election to so terminate."
There you go. $100 please.
alexny128
Nov 12, 2011, 10:02 AM
Thank you all, most particularly to AK lawyer. The building is in an apartment in a co-op in New York. The owners/landlords are shareholders/over-tenants. The tenants are sub or under-tenants. The building is run by a board of directors who delegates the day to day operations to a Management Service Company. The Management Service Company reviews and approves the leases called "Sublease Agreements." The escape clause is to be inserted in such Sublease Agreement.
ScottGem
Nov 12, 2011, 10:45 AM
I would add:
Such notice of assignment must be made at least 30 days prior to date of termination and is subject to a penalty of 2 months rental.
If the management company is creating this lease why don't they have an attorney on retainer for such things?
alexny128
Nov 12, 2011, 12:10 PM
My answer to ScottGem: That's a very good question. To the best of my knowledge, it is the apartment owner's role to add to or modify the standard sublet agreement, and submit it to the Board for approval. The Board can consult an attorney if they feel they need to do so.
ScottGem
Nov 12, 2011, 12:30 PM
Ahh, that makes more sense.