My friends' landlord placed this in their lease while one was working in a restaurant. My friend no longer works in a restaurant. The landlord has now threatened to evict if they do not pay a lump sum in cash. It seems like shaky legal ground to me. Just looking for some legal opinions. Thanks.
2007-08-15 07:06:20 · 8 answers · asked by Weber 2 in Business & Finance ➔ Renting & Real Estate
The landlord has not received this for some time. There is no mention of a monetary suppliment in the addendum. They want a lump sum of $1500 for 4 months of food. I believe the landlord has had financial woes.
2007-08-15 07:36:56 · update #1
Look over the lease again and see if the addendum states that if tenant no longer works for restaurant a lump sum of cash is to be substituted. I highly doubt it and your friend can take the landlord to court and sue him for the provision of food and the lump sum of cash. That is illegal, but if your friend signed the lease and can prove it was signed under stress then he could have a case. The argument here is that the lease was signed but if it is a true addendum that would have to be signed as well. Tell your friend to take his landlord to court before the eviction process starts. Once the landlord is served papers, he has 5 days to answer. that means he has to explain the fact that he wants your friend to provide food and if he doesn't he wants a lump sum of cash. The court won't look too highly on the side of the landlord and your friend may not have to go to court. His landlord can not retaliate against your friend either for taking him to court. Your friend is taking a stand.
2007-08-15 07:18:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
One can put almost any addendum in a lease (not requiring illegal behavior/acts) if both parties agree and sign.
The loophole may be in if the addendum isn't specific as to tyep of food, how much food, how often and so on. I would seek help from legal aid AND be looking for another place to live.
Question: did the landlord give them a lower rent in exchange for providing food? If so, then your friend better buck up and honor the spirit of the contract
2007-08-15 14:20:49 · answer #2 · answered by Craig T 6 · 1⤊ 0⤋
I'm not a lawyer, but I have a lot of experience in real estate and business.
Great question. I think it could be held legal depending on the lawyer that represents you, the judge, and the lawyer who reps the landlord. My gut feeling is that it would be held legal but does your friend even want to test it? I'd leave the apartment.
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2007-08-15 14:26:55 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If they signed the addendum they need to come up with the food, I don't know about the money unless it is written in the contract to get out of it there has to be an exchange of money.
2007-08-15 14:13:48 · answer #4 · answered by jpistorius380@sbcglobal.net 3 · 0⤊ 1⤋
If they signed a lease with such a provision they could be stuck with it. If the landlord added that after the lease was signed, it's meaningless and the LL is blowing smoke up his butt.
2007-08-15 14:11:29 · answer #5 · answered by Bostonian In MO 7 · 1⤊ 0⤋
if the addendum was signed and agreed to by both parties, its legally binding, however I dont find it morally binding, but legal is what the courts will look at .
2007-08-15 14:11:48 · answer #6 · answered by teamlessbear 4 · 0⤊ 1⤋
if it's in writing he's screwed :(
2007-08-15 14:21:34 · answer #7 · answered by ragincajun87123 2 · 0⤊ 1⤋
not legal! period
2007-08-15 14:23:46 · answer #8 · answered by Anonymous · 0⤊ 1⤋