Should A Grown-Up Tenant Clean Up Its Room When It Leaves For College?

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Is there something like a law that says a tenant, at the end of a lease’s term, has to surrender the leased space in the same condition as it was at the start of the term? Does a common legal stationer’s form’s rendering of this requirement, “return the Rental Space to the Landlord in the same condition as it was at the beginning of the Term except for normal wear and tear,” have a single meaning, one that everyone would agree-upon once the space was inspected post-departure?

Before we deconstruct the word “condition” as used in the described context, Ruminations will look at the broader question – “In what condition should a tenant yield up the physical space it is vacating?” We think that question cannot be answered in the abstract. What’s the business deal? [Read more…]

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Wave The White Flag – “I Give Up” Agreements For Landlords and Tenants

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Surrender really does mean, “I give up.” And, that’s the case in war and also with respect to leasing. Draw any other connections you’d like, but do so on your own.

At the end of a lease’s term, the tenant is required to “surrender” the leased premises. Yes, “give it up” to the landlord. Though leases may say that directly, there really isn’t any need to do so. That’s just the way it works. All we are going to say about this case of an ordinary, implied surrender is that wise people write down, in the lease, just what the tenant’s return obligations will be – “what condition the leased premises must to be in at the end of the lease’s term.”

Today, we’re going to ramble about early lease terminations and how that relates to the concept of “surrender.” There are basically two ways an early surrender comes about: inadvertently; and by negotiated agreement. [Read more…]

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Landlord, Here Are Your Leased Premises Back – How Do You Like Their Condition?

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What should be the rules for the condition of leased premises when “returned” at the end of the lease term? Who should own the real property improvements? What about abandoned or allegedly abandoned personal property?

Ruminations thinks, in its vision of a “proper” world, the answers should be: (a) the tenant should return the premises in good condition and not have to restore it back to “day 1”; (b) in the normal situation, real property improvements should belong to the landlord; and (c) as to tenant’s personal property, it should have a reasonable opportunity to get it out, should repair the effects of the personal property having been there, and if the tenant doesn’t, it should reimburse the landlord for doing what the tenant should have done. Two caveats: (x) every deal is different, so don’t ever throw these “ideals” in our face; and (y) there are caveats and details below. [Read more…]

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