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  1. #21
    Join Date
    Dec 2019
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    154

    Default Re: Use of Our Space Part 2

    Quote Quoting free9man
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    Common sense. A basic understanding of contract law. What is your experience makes you believe otherwise?

    Although I will grant you this based on your wording of the issue. If by stupid and naive, you mean that one or both parties do not possess sufficient mental capacity to be considered capable of entering into a contract, that would not be a problem.
    So you have never seen a lease like this enforced or dismissed?

    Also, you think there are zero restrictions on what can be included and enforced in a rental lease?

    Put it this way...There is no law that states a plumber cannot contractually charge $50,000 to change a toilet. Yet if you refuse to pay it upon completion, and he sues you for it in court, why would the judge throw it out? Hint: Please apply your knowledge of "contract law."

    .....And off to Google he goes.

  2. #22
    Join Date
    Jul 2010
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    7,784

    Default Re: Use of Our Space Part 2

    Quote Quoting CONNOR99
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    So you have never seen a lease like this enforced or dismissed?
    Nope. Have you? I'm betting not. I'm sure if someone wanted to dig through the decades of cases on rental leases, they might find something on point.

    Quote Quoting CONNOR99
    View Post
    Also, you think there are zero restrictions on what can be included and enforced in a rental lease?
    As long as it is not in violation of a law and both parties agree to it or until a court says it is not allowed, yes.

  3. #23
    Join Date
    Oct 2016
    Posts
    3,568

    Default Re: Use of Our Space Part 2

    Quote Quoting CONNOR99
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    A Judge cannot just dismiss whatever he wants. He must have justification for the dismissal. What would it be?
    Now you are arguing the other side.

    The justification would be either the clause is against public policy if the judge was following your argument or that there is no law and the clause stands if he were taking my side of the argument.

  4. #24
    Join Date
    Dec 2019
    Posts
    154

    Default Re: Use of Our Space Part 2

    Quote Quoting PayrolGuy
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    Now you are arguing the other side.

    The justification would be either the clause is against public policy if the judge was following your argument or that there is no law and the clause stands if he were taking my side of the argument.
    What's that?

    So, you're saying a Judge would dismiss it because it was not in compliance with "public policy?"

  5. #25
    Join Date
    Oct 2006
    Posts
    15,934

    Default Re: Use of Our Space Part 2

    Quote Quoting CONNOR99
    View Post
    What's that?

    So, you're saying a Judge would dismiss it because it was not in compliance with "public policy?"
    Example: Someone could sign a contract to be someone's slave for 4 years. Slavery is against the law and against public policy.

    Example: Someone could sign a contract stating that their first born child will marry someone in exchange for a monetary payment. That is against public policy.

    A judge could dismiss both cases.

    In this instance the lease says that the units can be inspected. It probably does not say that the manager can violate tenants if she doesn't like the way that they have arranged their living space or the way that they store their children's toys. So, if the manager attempted to evict a tenant for those kinds of nit-picky things, its quite likely that a judge would dismiss the case.

  6. #26
    Join Date
    Oct 2016
    Posts
    3,568

    Default Re: Use of Our Space Part 2

    Quote Quoting CONNOR99
    View Post
    What's that?

    So, you're saying a Judge would dismiss it because it was not in compliance with "public policy?"

    No, I was answering your question in full. There is no reason to think that a judge would actually make up such a ruling out of whole cloth but I will admit one could because judges have been known to do stupid things. That's why we have appeals courts.

  7. #27
    Join Date
    Dec 2019
    Posts
    154

    Default Re: Use of Our Space Part 2

    Quote Quoting llworking
    View Post
    Example: Someone could sign a contract to be someone's slave for 4 years. Slavery is against the law and against public policy.

    Example: Someone could sign a contract stating that their first born child will marry someone in exchange for a monetary payment. That is against public policy.

    A judge could dismiss both cases.

    In this instance the lease says that the units can be inspected. It probably does not say that the manager can violate tenants if she doesn't like the way that they have arranged their living space or the way that they store their children's toys. So, if the manager attempted to evict a tenant for those kinds of nit-picky things, its quite likely that a judge would dismiss the case.
    And if the lease stated you are to arrange your cereal boxes a certain way, and you don't, a Judge would be forced to enforce that eviction? His hands would be tied by that ridiculous lease language?

    I know for a fact that a plumber cannot enforce a $50K labor bill for changing a toilet. Why?

  8. #28
    Join Date
    Oct 2016
    Posts
    3,568

    Default Re: Use of Our Space Part 2

    Quote Quoting CONNOR99
    View Post
    And if the lease stated you are to arrange your cereal boxes a certain way, and you don't, a Judge would be forced to enforce that eviction? His hands would be tied by that ridiculous lease language?

    I know for a fact that a plumber cannot enforce a $50K labor bill for changing a toilet. Why?
    People knowingly agree to stupid things every day. The fact that things are stupid doesn't make them unenforceable.

    If the buyer signed a contract that they would pay $50K for a toilet it could certainly be enforceable.

  9. #29
    Join Date
    Dec 2019
    Posts
    154

    Default Re: Use of Our Space Part 2

    Quote Quoting PayrolGuy
    View Post
    People knowingly agree to stupid things every day. The fact that things are stupid doesn't make them unenforceable.

    If the buyer signed a contract that they would pay $50K for a toilet it could certainly be enforceable.
    Nice wording..."could" instead of would?

    You are wrong about the $50K plumbing bill!

    I've asked several times now, why would a Judge dismiss the cereal box case when cereal boxes were in the lease language?

  10. #30
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,497

    Default Re: Use of Our Space Part 2

    Quote Quoting CONNOR99
    View Post
    Nice wording..."could" instead of would?

    You are wrong about the $50K plumbing bill!

    I've asked several times now, why would a Judge dismiss the cereal box case when cereal boxes were in the lease language?
    Clearly you've never been in the military or serviced a government contract. You also missed the years go the $1000 hammer and $10,000 dollar toilets in the military.

    Once you enter into a contract you are bound by that contract unless the terms of the contract are illegal. That may not invalidate the entire contract if the terms are severable. In this case, if the inspections are in the lease and the noted clause are in the lease then the lessee is bound by the term regardless of how unreasonable the terms may seem to you and I.

    Your vehemence that you're right about any and all things that you post about makes it impossible to engage in discussion with you. You offer no defense of your ridiculous positions yet insist that we defend our positions.
    "Where do those stairs go?"
    "They go up!"

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