(no subject)

[ivyfic]

I just got my lease renewal and am reading through it. Can someone explain to me this clause?

"Time is of the essence in this lease."

Comments

[edgehopper.livejournal.com]

No. No one can explain that clause, because it makes no sense. Not even to a lawyer. Well, at least not out of context.

[ivy03.livejournal.com]

Nope, that was the entirety of the clause. Well, I'm going to assume that the lease is binding enough, even with that...

[bigscary.livejournal.com]

That is an extremely strange clause. I think they MEAN that you need to be prompt in payment, but they probably say that elsewhere, in a comprehensible form.

[ivy03.livejournal.com]

Yes, there are other clauses about payment of rent and late fees. Uh...maybe the lawyer just decided to fuck with me?

[gryphonrose.livejournal.com]

Well, a lease is all about time, so of course it's essential. :)
Was there more to the clause? Because otherwise, as edgehopper said, it's meaningless.

[amari-z.livejournal.com]

It's a term of art (legal speak) for if you don't do what the contract says by the time specified, you have committed a breach of the contract. That might seem obvious, but it is often not so in the bizarre world of the law. Without this language, some courts in some states will not strictly enforce dates in leases.

[ivy03.livejournal.com]

A ha! I knew I knew smart lawyer type people. Honestly, though, this lease is kind of a mess. The landlord misspelled my name on it and forgot the apartment number, both of which I fixed. It's supposed to be just a lease renewal, so here's another question--if it went to court, would this one supercede the original lease? It doesn't have a clause saying it would.

[amari-z.livejournal.com]

I can't say without reading both leases (and maybe not even then, since I'm not a real estate attorney). I assume it's a form lease and that it at least has the dates of the term (or the start date)? If so, it's probably farily safe to say that it does unless there's something bizarre in either document.