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11-Task-Performance LEASE AGREEMENT MATIAS, JAY-R

1. If you are a lawyer and the lessee consulted you about it, what would be your assessment of
the contract? Give your advice to the lessee.

If I am a lawyer and is asked about my assessment, I will tell the lessee that the agreement is in
good form but some issues must be discussed.

Points making this agreement in good form:


First and foremost I have understood that the agreement did follow the basic conditions a lease
agreement should have. For most—but not all—the lease should be in writing to be considered
valid. Valid ones must include a description of the property. The property's physical address is
considered a valid description, and it’s observed in the agreement. Moreover, the lease
agreement also includes starting and ending dates. Additionally, the lease includes the amount
of rent that is due. It also showed when rent is due, and how it should be paid. The lease
agreement spelled out the exact date the lessee must deliver the rent, any grace periods offered
by the lessor is discussed, and how the lessee must deliver the payment. As to the example, by
check electronically to the lessor’s bank account.

The lease agreement is also in good form as it followed legal terms such as;

Capacity to contract: The parties to the real estate lease contract must have the legal capacity to
enter into the agreement. Age, mental competency, and other issues are considered. A minor,
which is a person considered 18 years of age or younger, could not enter into a lease. Also, if a
person with documented mental competency issues enters into a lease, it would be considered
invalid.

Legal objectives: The purposes of the lease must be legal. If the property to be leased is used for
illegal purposes, the lease would be invalid.

Offer and acceptance: All terms of the contract must be agreed upon by both parties. The owner
or landlord would offer these terms to the tenant and the tenant would accept them, signified
by their signatures to the lease.

Consideration: Normally, consideration for a valid lease contract is in the form of rental
payment(s). However, it could be in some other form, such as a trade of labor or property
improvements for tenancy. Rent is normally fixed for the life of the lease and cannot be changed
unless agreed to in writing by both parties.

Issues need to be changed or discussed:


Lease Agreements that require lessors to waive their rights to their security deposit or to sue the
lessors are considered invalid and unenforceable. Leases also must not contain language that
absolves the lessors from their obligation to keep the property safe and habitable. However, the
contract between parties in this case contained articles that fit on the aforementioned reasons
for invalidity. If it is not addressed accordingly, the agreement is not valid as the lessor wants all
things be put upon the shoulder of the lessee, removing all possible responsibilities of the lessor
to perform its duties of good faith.

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11-Task-Performance LEASE AGREEMENT MATIAS, JAY-R

1. To which kind of contract does the agreement belong?


ANS.
The agreement belongs to Contracts based on validity.
As this contract is validity can come in five different forms, including valid contracts, void
contracts, voidable contracts, illegal contracts, and unenforceable contracts. A valid contract is
one that is legally enforceable, while a void contract is unenforceable and imposes no obligations
on the parties involved. If a contract is established under certain physical or mental pressure, it is
called a voidable contract. Such a contract may become a valid or void contract in the future. An
illegal contract refers to a contract with unlawful object, whereas an unenforceable contract is a
contract that has not fulfilled certain legal formalities.

With the aforementioned terms, the agreement has fit to this.

This study source was downloaded by 100000836922685 from CourseHero.com on 05-26-2022 04:57:45 GMT -05:00

https://www.coursehero.com/file/64446301/TASK-PERFORMANCEdocx/
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