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DomAviator -> RE: Renters and foreclosures (6/18/2008 6:20:08 AM)
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Dont play "jailhouse lawyer" it is very unbecoming and disturbing to erroniously think that you know more than either myself, or the $300 an hour lawyer who drafts my documents which have been tested and upheld in court. Setting a venue and governing law for interpertation is standard. I live in Texas, but my cell phone contract is under California law and in it I even waive the right to sue - all disputes must go to arbitration under California law. The proper term is called "Choice of Venue/Forum Clause" or "Statuatory Construction Clause" aka "choice of law" It is a cute legal trick used by saavy businesspersons who actually know the law rather than guessing at it. As I accurately stated - any document executed with me will be in my favor, but no so obviously so as to be deemed unconscionable. Afterall, the key is to get them to sign it so that I can then bend them over and ram it up their ignorant asses as I empty their wallets. My lawyer is VERY good at that, hence the reason he gets $300 an hour.
For your information you can read up on these and other clauses to avoid at http://www.irinfo.org/Articles/article_3_2003_incollingo.html
Edited to add. By the way though - from a landlords standpoint an "unenforceable lease" wouldnt be bad either... See if a lease get voided by a court, then its month to month tenancy meaning "get the fuck out of my house by the end of the month, or I staple a 72 hour notice to the door and then the sherriffs dept carries your shit to the curb..." The lease is for the tenants protection not the landlord. With a month to month tenancy I can quadruple your rent at will.... [:D]
Edited to add: Remember I said criminal conduct and your out without even an eviciction? NYS Real Property Law:
§ 231. Lease, when void; liability of landlord where premises are
occupied for unlawful purpose. 1. Whenever the lessee or occupant other
than the owner of any building or premises, shall use or occupy the
same, or any part thereof, for any illegal trade, manufacture or other
business, the lease or agreement for the letting or occupancy of such
building or premises, or any part thereof shall thereupon become void,
and the landlord of such lessee or occupant may enter upon the premises
so let or occupied.
2. The owner of real property, knowingly leasing or giving possession
of the same to be used or occupied, wholly or partly, for any unlawful
trade, manufacture or business, or knowingly permitting the same to be
so used, is liable severally, and also jointly with one or more of the
tenants or occupants thereof, for any damage resulting from such
unlawful use, occupancy, trade, manufacture or business.
3. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 230.00, 230.05, 230.20, 230.25, 230.30, or
230.40 of the penal law arising out of conduct engaged in at the same
premises consisting of a dwelling as that term is defined in subdivision
four of section four of the multiple dwelling law shall be presumptive
evidence of unlawful use of such premises and of the owners knowledge of
the same.
4. Any lease or agreement hereafter executed for the letting or
occupancy of real property or any portion thereof, to be used by the
lessee as a residence, which contains therein a provision pledging
personal property exempt by law from levy and sale by virtue of an
execution, as security for the payment of rent due or to become due
thereunder, is void as to such provision.
* 5. The attorney general may commence an action or proceeding in the
supreme court to enjoin the continued unlawful trade, manufacture or
business in such premises.
* NB There are 2 sub 5's
* 5. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 225.00, 225.05, 225.10, 225.15, 225.20,
225.30, 225.32, 225.35 or 225.40 of the penal law, arising out of
conduct engaged in at the same premises consisting of a dwelling as that
term is defined in subdivision four of section four of the multiple
dwelling law shall be presumptive evidence of unlawful use of such
premises and of the owner's knowledge of the same.
* NB There are 2 sub 5's
6. Any owner or tenant, including a tenant of one or more rooms of an
apartment house, tenement house or multiple dwelling of any premises
within two hundred feet of the demised real property, may commence an
action or proceeding in supreme court to enjoin the continued unlawful
trade, manufacture or other business in such premises.
Remember I said push it as far as I can without it being deemed unconscionable? § 235-c. Unconscionable lease or clause. 1. If the court as a matter
of law finds a lease or any clause of the lease to have been
unconscionable at the time it was made the court may refuse to enforce
the lease, or it may enforce the remainder of the lease without the
unconscionable clause, or it may so limit the application of any
unconscionable clause as to avoid any unconscionable result.
2. When it is claimed or appears to the court that a lease or any
clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its setting, purpose
and effect to aid the court in making the determination.
NYS Civil Practice § 501. Contractual provisions fixing venue. Subject to the provisions of subdivision two of section 510, written agreement fixing place of
trial, made before an action is commenced, shall be enforced upon a
motion for change of place of trial.
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