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Old 01-29-2009, 11:05 AM
 
3,367 posts, read 11,028,162 times
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Just reading my Residential Lease and noticed a clause regarding the copyright - it says that if the lease was not negotiated by a Realtor or member of the State Bar of Texas then the lease is "voidable at will by the Tenant".

Is this a legally upholdable clause?

Our landlord did not involve a realtor as far as I know - we negotiated and signed the agreement between us only.

We have no problems with the landlord or the property at the moment, but I would like to know where we stand in law... can anyone advise?

thanks!
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Old 01-29-2009, 01:59 PM
 
Location: SW Austin & Wimberley
6,330 posts, read 17,976,190 times
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Quote:
Is this a legally upholdable clause?
I think you're misquoting the specific language on the lease. The only one that would reference a Realtor is the TAR form, and it doesn't say what you've quoted. It simply says use of the form by non-Realtors is not authorized. TAA forms have more specific language, closer to what you've stated, but those forms are apartment association forms and have nothing to do with Realtors.

Which promulgate form is it? TAR, TAA, Other? And what date is at the bottom left of the form? Double check the specific language and post again.

Steve
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Old 01-29-2009, 02:40 PM
 
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From the standpoint of a landlord (which I am). If the landlord is not doing anything wrong, why would you from an ethical standpoint want to know if the lease is breakable? If you have an issue that you need to break it, talk to your landlord and see if you can come to an agreement between the two of you.
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Old 01-29-2009, 03:58 PM
 
3,367 posts, read 11,028,162 times
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Quote:
Originally Posted by austin-steve View Post
I think you're misquoting the specific language on the lease. The only one that would reference a Realtor is the TAR form, and it doesn't say what you've quoted. It simply says use of the form by non-Realtors is not authorized. TAA forms have more specific language, closer to what you've stated, but those forms are apartment association forms and have nothing to do with Realtors.

Which promulgate form is it? TAR, TAA, Other? And what date is at the bottom left of the form? Double check the specific language and post again.

Steve
Thanks Steve.

It's a TAR form (TAR-2001) 10-5-05 and I have quoted the final words of the clause verbatim.


Quote:
Originally Posted by woodinvilleguy View Post
From the standpoint of a landlord (which I am). If the landlord is not doing anything wrong, why would you from an ethical standpoint want to know if the lease is breakable? If you have an issue that you need to break it, talk to your landlord and see if you can come to an agreement between the two of you.
We have no need to come to an agreement with our landlord as we are not in any disagreement. It is a matter of seeking clarity.

I too am a landlord and would like my tenants to have clarity on any legal document, and I would not be suspicious if they were to seek independent advice to achieve it. In fact I would consider them wise to do so
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Old 01-29-2009, 04:45 PM
 
1,961 posts, read 6,098,139 times
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Ok, makes sense. From my research, I am no lawyer so take it for what it is worth. You could strike it from the lease agreement before anyone signs it, the issue is more of a copyright infringment than anything else. I know people that have a simple legal binding one page lease agreement with tenants. I think that it all really comes down to the fact that if someone skips out or breaks a lease there isn't much you can do other than report them to a credit bureau. The worst is if they are unhappy and trash your place. (watch Pacific Heights for a scary film about this topic, eek)

Hopefully someone who is a lawyer can answer your question, it sounds interesting.
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Old 01-30-2009, 11:52 AM
 
Location: SW Austin & Wimberley
6,330 posts, read 17,976,190 times
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Quote:
It's a TAR form (TAR-2001) 10-5-05 and I have quoted the final words of the clause verbatim.
OK, you're talking about language in para 33G, and I was talking about the language at the top of page 1.

So, yes, the clause is there and it says what you quoted. I'm not an attorney so all I can say is that if you did elect to void the lease and walk away, and the owner sued you for non-payment of rent, you'd end up in JP Court in front of a judge.

If the judge follows what is specifically written, what you quoted, then you would assume that you could walk away. In reality, the JP Court judges don't always make their decisions based on what is written in a contract, but also on the actions and behavior of each party and what your perceived motives are. The judge may ask when you first noticed the clause, why you are choosing to now exercise it, and other questions. If he/she determines you are simply looking for a "gotcha", you might be surprised by the outcome.

I would not assume that you can void the lease and walk away clean without first consulting an attorney to learn more about contract and copywrite law. I've performed about 80 evictions in Austin since 1990, and in doing so have had to sit through a lot of small claims cases in JP Court waiting for my turn. It's very interesting to see how these small claims court judges operate and decide things, especially the ones in rural counties.

So, final answer to your question ... maybe, maybe not.

Steve
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Old 01-30-2009, 01:27 PM
 
3,367 posts, read 11,028,162 times
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Thanks for your input Steve - it seems a very absolute clause yet I think it is probably meaningless, as we have clearly entered into an agreement between us, albeit he has 'stolen' someone's copyright in order to do so.
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