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Show July 20, HILL TOP TIMES 8 Page 1973 Some legal advise ll3 (33 S3? usi on By Capt. John D. Allton, USAF Many young enlisted men and officers are forced by and the economics, certainly un- of assignments, to live in apartments or rented homes off base. Though some involve oral leases, most, include leases written the landlord. prepared by For the inhabitants of large apartment complexes, the lease is a complicated form, the terms of which are It's easy to understand why a young officer or enhoied man would find himself stuck with a lease the legal assistance office could help him avoid. This article will attempt to prevent such a tragedy by informing military personnel of what to look for in a lease, either written or oral. A lease, either written or oral, is both a contract and an interest in land. There are, therefore, peculiar laws applied to the landlord-tenan- t relationship. The Statute of Frauds, for instance, requires a lease to be in writing of its terms extend it beyond one year. Otherwise, the lease may be oral. That is contract law. If, however, the lease is for more than three years, it must not only be in writing, it must also be executed with the same formalities of a deed. That i property Jaw. An oral lease for less than non-negotiab- First Baptist Church 2025 West 5700 So. Roy, Utah 825-843- M 4 PASTOR LOGAN M. THOMAS, Th D Sunday Sunday Services School 9:45 a.m. a.m. and 7:30 p.m. 10:55 T.U.6:30 p.m. All are Warmly Welcome Come Let Us Worship ft It's tough to - in the one year, therefore, is binding, but proving what the agreement was, is another matter. If you initially enter into an oral lease be careful to promises the lease. Once an agreement is made, ycu are liable to the landlord for the damages caused by you if you break the agreement. That does not see that any outlandish promises of the landlord get into print especially that written instrument necessarily mean the entire rental price of the property for the whole term, but it could. Since damages are hard to determine when the contract is breached (broken), many written leases provide for liquidated damages. Most liquidated damages clauses set a figure for the damages if the lease is breached. For example, many include one month's rent and the security as deposit liquidated damages. This is an important clause and should be negotiated if the lease sets an unreasonable figure. In some cases, courts have refused to rental payments will be applied to the purchase price if you decide to buy the rental property. If a written lease is entered into, it is easy to understand why the average serviceman may be confused by the terms of the agreement. In most cases, the lease is written to preserve and protect the rights and interests of the landlord. Therefore, a written lease should be read thoroughly before signing, regardless of its length or fine print. The Legal Assistance Office is available to review the proposed lease with you before you sign it. In general, a written lease should describe the premises to be rented, the landlord, the tenant, the length of the rental period and the price. All other terms are optional. Though there are certain exceptions, it is fair to generalize that all the terms of a lease must appear in the writing. Oral promises made when a lease is executed are not binding or enforcible and should not be relied upon. Whatever you and our landlord agree to must be enforce the right to enter the premises and physically throw the tenant out. The landlord must use the proper forms of legal process to evict a tenant. If you are evicted, therefore, you should always consult an attorney to insure that your rights are protected. If the landlord aUows the premises to become so run down are that they uninhabitable, the tenant is said to have suffered a constructive eviction. When that happens, the tenant has the right to quit the premises without further liability for the rent. Legal assistance will again be needed to insure that the conduct of the landlord does indeed constitute constructive eviction. unreasonable liquidated damages clauses. Once a lease is breached, of course, the tenant no longer has the right to occupy the premises. While the lease was in effect, though the landlord had no right to enter the premises without the permission of the tenant or under the terms of the lease. The only time the landlord can enter the premises without permission is to stop the destruction of his property or during an emergency. But even if the lease is breached, that does not give the landlord do your best A Pound Nylon Can Save Your Life v a a o ;when you're worried about money. man performs well only when his mind is free of problems problems like a lot of unpaid bills. We consolidate bills. Pay them off. Cut monthly payments. And still give people extra cash. For a trip home. Emergencies. Color TV. Of A J mI .1 'I' .' I - r-- v. i I f "TIT. Jr Whatever. Don't let money problems hurt your performance on the job. Visit or call Avco Financial Services Cf PROTECT YOUR WINDSHIELD WITH NEVER BUG & GRAVEL DEFLECTOR the other OGDEN AUTO PARTS & GLASS CO. MONi3t-aai! (Mm 3- r -i NciMry end Unntcitnr WmrH Syracuse ji depending on YOU! mrr ... Glenn s house -- Freezer fellow-- he may be . i depend on of 825-186- 2 Meats i t w t II rOU0. ID. MCUm mm TET Whirlpool Special 10 lb. Bocf AVCO irJA(iCiAL r w Iirvr tnm. -- EWVICEZS Vt LSTW- B&apZjs iy offices. Wherever you Ogden: Washington Blvd. Phone 2 Clearfield: U7 So. 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