How To Remove Invalid Clauses From Lease?!

[AbusedTenant01]

I want to go to the court house to file the paper about clauses in Lease, some that cannot possibly be enforced.

What is the name of this document? Where to find it? How much does document cost? (I am not talking about filing fee.)

One of the issues is I am staying in a Trailer Park with no carports, no parking areas, no driveways, and very narrow dangerous and unpaved streets, and no drainage system. My homesite is at the corner of a street intersection. People at these corners park near the door and porch of either side of the house. I decided to do that also not that there is too many people speeding, too much crime, and harassment from neighbors, I parked my vehicles on the other side of the house which is far enough away from the other narrow, busy, and dangerous street and I can easily watch my cars. Landlord sent a subliminal message about vehicles should be parked in the parking area or driveway but not in the grass "where they are tearing up our property". There are only two places to park in the grass or in the street. I am not going to park in the street or any where near the street. Somebody just this morning has sped through a street corner without even stopping.

I plan to move my house in future onto my land, but not pay for the construction of parking areas, driveways, and streets. ...at least not without being reimbursed. I usually ride the bus which waits at the "curb" (there are no curbs either). There is no damage to any lawn and I cannot park in a parking area that does not exist.

I have not replied to Landlord and I want to simply take them to court to get this and a few other clauses in the Lease removed.

Another clause has to deal with the tenants responsibility to spend time and money caring for lawn. When I do, I get harassed by neighbors. I want this clause removed also.

The third clause has to do with the payment system. I have a credit balance with continuing monthly recurring payments. Landlord refuses to provide a statement every month.

The thing I want to do next is to find the forms, fill them out, attach the documents, and take everything to be filed at the Court House.

What is the name of your state (only U.S. law)? Oklahoma

 

[HRZ]

You don't have a winning point in all that...save your time and money for now ...

 

[Just Blue]

I want to go to the court house to file the paper about clauses in Lease, some that cannot possibly be enforced.

What is the name of this document? Where to find it? How much does document cost? (I am not talking about filing fee.)

One of the issues is I am staying in a Trailer Park with no carports, no parking areas, no driveways, and very narrow dangerous and unpaved streets, and no drainage system. My homesite is at the corner of a street intersection. People at these corners park near the door and porch of either side of the house. I decided to do that also not that there is too many people speeding, too much crime, and harassment from neighbors, I parked my vehicles on the other side of the house which is far enough away from the other narrow, busy, and dangerous street and I can easily watch my cars. Landlord sent a subliminal message about vehicles should be parked in the parking area or driveway but not in the grass "where they are tearing up our property". There are only two places to park in the grass or in the street. I am not going to park in the street or any where near the street. Somebody just this morning has sped through a street corner without even stopping.

I plan to move my house in future onto my land, but not pay for the construction of parking areas, driveways, and streets. ...at least not without being reimbursed. I usually ride the bus which waits at the "curb" (there are no curbs either). There is no damage to any lawn and I cannot park in a parking area that does not exist.

I have not replied to Landlord and I want to simply take them to court to get this and a few other clauses in the Lease removed.

Another clause has to deal with the tenants responsibility to spend time and money caring for lawn. When I do, I get harassed by neighbors. I want this clause removed also.

The third clause has to do with the payment system. I have a credit balance with continuing monthly recurring payments. Landlord refuses to provide a statement every month.

The thing I want to do next is to find the forms, fill them out, attach the documents, and take everything to be filed at the Court House.

What is the name of your state (only U.S. law)? Oklahoma

Please clarify what you mean by "subliminal message" . Thanks...

 

[AbusedTenant01]

Re:

She only commented that tenants must keep their vehicles in a parking area. (even though there are no parking areas) It was not a notice to move the vehicles. There was no penalty. She did not tell me where to move them. Technically she did not even tell me to move them. But also she has not provided proof of payment this month.

I have not yet replied to her.

I can post her message here if you want me to.

 

[AbusedTenant01]

Re:

You don't have a winning point in all that...save your time and money for now ...

Do I need to wait until I get an eviction notice?

 

[PayrollHRGuy]

Do I need to wait until I get an eviction notice?

No you need to either park on the street as millions of people do everyday or be ready to pay for the damage to the yard when you are evicted.

 

[AbusedTenant01]

Re:

Can I cross out the clauses in the lease, sign it, date it, and return it to Landlord?

 

[Just Blue]

She only commented that tenants must keep their vehicles in a parking area. (even though there are no parking areas) It was not a notice to move the vehicles. There was no penalty. She did not tell me where to move them. Technically she did not even tell me to move them. But also she has not provided proof of payment this month.

I have not yet replied to her.

I can post her message here if you want me to.

No...You don't need to and should not post her message. I would advise you to not use the term "subliminal message" lest you give people the wrong impression.

 

[PayrollHRGuy]

Can I cross out the clauses in the lease, sign it, date it, and return it to Landlord?

Sure you can. It will have absolutely no effect on anything in the world but you are free to do so.

When you originally signed the lease you agreed to those terms. There is nothing inherently illegal about the terms or in this case even that unusual. If you are ever sued based on your violation of the terms of the lease you are free to bring up the issue in court as a defense but it won't work.

There may be an issue with the landlord not giving you receipts for rent payments but you are going to have to explain what this means first...

The third clause has to do with the payment system. I have a credit balance with continuing monthly recurring payments. Landlord refuses to provide a statement every month.

 

[latigo]

I want to go to the court house to file the paper about clauses in Lease, some that cannot possibly be enforced.

What is the name of this document? Where to find it? How much does document cost? (I am not talking about filing fee.)

One of the issues is I am staying in a Trailer Park with no carports, no parking areas, no driveways, and very narrow dangerous and unpaved streets, and no drainage system. My homesite is at the corner of a street intersection. People at these corners park near the door and porch of either side of the house. I decided to do that also not that there is too many people speeding, too much crime, and harassment from neighbors, I parked my vehicles on the other side of the house which is far enough away from the other narrow, busy, and dangerous street and I can easily watch my cars. Landlord sent a subliminal message about vehicles should be parked in the parking area or driveway but not in the grass "where they are tearing up our property". There are only two places to park in the grass or in the street. I am not going to park in the street or any where near the street. Somebody just this morning has sped through a street corner without even stopping.

I plan to move my house in future onto my land, but not pay for the construction of parking areas, driveways, and streets. ...at least not without being reimbursed. I usually ride the bus which waits at the "curb" (there are no curbs either). There is no damage to any lawn and I cannot park in a parking area that does not exist.

I have not replied to Landlord and I want to simply take them to court to get this and a few other clauses in the Lease removed.

Another clause has to deal with the tenants responsibility to spend time and money caring for lawn. When I do, I get harassed by neighbors. I want this clause removed also.

The third clause has to do with the payment system. I have a credit balance with continuing monthly recurring payments. Landlord refuses to provide a statement every month.

The thing I want to do next is to find the forms, fill them out, attach the documents, and take everything to be filed at the Court House.

What is the name of your state (only U.S. law)? Oklahoma

You don't need a "document". You need a better grasp of reality!

The reality being that no one held a gun to your head forcing you to move your stuff onto this "Trailer Park" with rules and a landlord that are giving you the fits. And no one nor any court document is going to change those rules to you satisfaction. So pack up your stuff, relocate and stop with the purposeless moaning and whining!

 

[pac72]

Can I cross out the clauses in the lease, sign it, date it, and return it to Landlord?

the time to do that has passed...you should have crossed out, initialed and dated the un-agreeable terms BEFORE YOU signed the terms of said lease..when YOU SIGNED the lease ..you AGREED to the terms..

 

[Eekamouse]

the time to do that has passed...you should have crossed out, initialed and dated the un-agreeable terms BEFORE YOU signed the terms of said lease..when YOU SIGNED the lease ..you AGREED to the terms..

There's no way he could have done that with the park. The park would not have allowed him to pick and choose which terms of the lease he liked or didn't like. Signing a lease is not a negotiation process where each side gets to bargain over the terms of their contract. That is a ridiculous comment to have made to this poster. It never would have happened.

 

[pac72]

There's no way he could have done that with the park. The park would not have allowed him to pick and choose which terms of the lease he liked or didn't like. Signing a lease is not a negotiation process where each side gets to bargain over the terms of their contract. That is a ridiculous comment to have made to this poster. It never would have happened.

I never said they would have accepted their modified copy of the lease terms, if you look at the lease as a contract it is any changes must be made BEFORE signing, NOT after, is what I was trying to convey.

the ridiculous thought was to try to modify the lease AFTER signing..i agree that would never happen
,

 

[Taxing Matters]

There's no way he could have done that with the park. The park would not have allowed him to pick and choose which terms of the lease he liked or didn't like. Signing a lease is not a negotiation process where each side gets to bargain over the terms of their contract. That is a ridiculous comment to have made to this poster. It never would have happened.

Actually, it is quite possible for a tenant and landlord to bargain over terms of a lease. It happens every day. I’ve done it in leases for apartments I’ve rented as well as leases for office and storage space. Some landlords are more willing to consider changes to their standard lease than others, of course, but it is wrong to suggest that it is impossible to bargain over terms of a lease prior to entering into it.

 

[justalayman]

On top of everything else, you don’t file anything anywhere trying to claim some clause is illegal or unenforceable. If you believe a clause is unenforceable or ilegal and your actions violate the clause, if your landlord should take action to enforce the lease with those acts as the basis for the action, you fight the landlords actions in the courts.

Basically;

If you believe a clause is invalid and you want to do whatever is prohibited, go ahead and do it. If the landlord objects they will likely sue to evict you. When you get to court you defend your actions by proving the clause is illegal and as such, unenforceable.

But a big warning; you had better be correct or the landlord will win their eviction suit and you will be relocating.

Your statements are not very clear but from what I could discern from them, I see nothing blatently illegal. I would proceed with due caution that the lease is fully valid and enforceable.