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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2453
Experience:  Helping you with your legal questions.
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Looking for advise for a leasing agreement

Customer Question

looking for advise for a leasing agreement
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 6 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 6 months ago.

Can you provide more information please.

Customer: replied 6 months ago.
can you review a leasing agreement and give me advice if it looks to be fair
Expert:  Damien Bosco replied 6 months ago.

We cannot give legal advise because Just Answer is not a law firm. Though, I can review it (if not too long) and we can discuss it.

Customer: replied 6 months ago.
is the $59 additional to what i have already paid?
Expert:  Damien Bosco replied 6 months ago.

You can ask pricing questions of Customer Service. I am an expert and user of the platform like you. Here is Customer Service informtion:

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Customer: replied 6 months ago.
Can you tell me if the clause below are in fair standing in a home rental leasing agreement.3. Rent, added rent
The rent payment for each month must be paid on the first (1st) day of the month at Landlord’s Address above. Landlord need not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. The first month’s rent is to be paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be called “added rent.” This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if it were a failure to pay rent.
The whole amount of rent is due and payable when this Lease is effective. Payment of rent in installments is for Tenant’s convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable. This is a gross Lease. If taxes on the premises increase, the rent may be adjusted by Landlord.6. Utilities and services
All utilities are in addition to the monthly rent and are the responsibility of the tenant. Tenant is responsible for maintaining the lawn and all exterior landscaping. Tenant must pay for the following utilities and services when billed: gas, water, electric, fuel oil, cable, telephone, gardening, exterminating, and snow removal.It is the Tenant’s responsibility to ensure the oil tank is full when vacating the premises or on the final day of this Lease term, whichever comes first. Maintenance oil burner service contract shall be maintained, continued and paid for by Tenant.20. The Tenant waives all rights to redeem under any law of the State of New York
Customer: replied 6 months ago.
i'm concerned if raising the rent if taxes increase is fair, should gardening and exterminating be utilities that i am responsible for, and does the landlord have the right to ask me to waive my rights to redeem any law in new york
Expert:  Damien Bosco replied 6 months ago.

The lease states it is a gross lease. In a gross lease, the rent is all-inclusive. The landlord pays all or most expenses associated with the property, including taxes, insurance, and maintenance out of the rents received from tenants. Utilities and janitorial services are included within one easy, tenant-friendly-friendly rent payment. So, the language of the lease seems ambiguous Additionally, the following language is very open, vague and rather risky: "Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be called “added rent.” This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Landlord shall have the same rights against Tenant as if it were a failure to pay rent." We can discuss more if you want to do so.

Customer: replied 6 months ago.
what can you say about 20. The Tenant waives all rights to redeem under any law of the State of New York
Expert:  Damien Bosco replied 6 months ago.

It is sometimes standard language in a commercial lease. Basically, that means if the delinquent tenant puts the overdue rent on the judge’s bench at the eviction hearing, and its landlord has to take the money, the case is over, and the tenant gets to stay. So, it would be waiving that right to bring a late payment to a hearing and get to stay in the space. We can discuss more if you want to do so.

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