Being told my lease verbiage violates law and isn't enforcable

[mark1210]

What is the name of your state? TX

My other post a few weeks ago indicated that I have a tenant about to up and leave my 4 bedroom home and break the lease. The tenant claims that his attorney told him he has a way out since my verbiage:

"Tenant may submit a change to lease term if submitted to Landlord and signed by both parties. Landlord may terminate Tenants lease by providing Tenant with at least 30 days advance notice. Tenants acceptance/signature need not be required for Landlord to terminate Tenants lease"

He claims that because of the wording his attorney states he has a way out since it wasn't fair and violates some law.

Anyone know if this is accurate?

 

[FarmerJ]

What does your atty say ?

 

[mark1210]

I'm being told that my severability clause protects me to some degree. But I am hoping that you guys can tell me how well of a case I would have should i need to pursue the tenant in court. Can that clause come back to bite me?

 

[HomeGuru]

What is the name of your state? TX

My other post a few weeks ago indicated that I have a tenant about to up and leave my 4 bedroom home and break the lease. The tenant claims that his attorney told him he has a way out since my verbiage:

"Tenant may submit a change to lease term if submitted to Landlord and signed by both parties. Landlord may terminate Tenants lease by providing Tenant with at least 30 days advance notice. Tenants acceptance/signature need not be required for Landlord to terminate Tenants lease"

He claims that because of the wording his attorney states he has a way out since it wasn't fair and violates some law.

Anyone know if this is accurate?

**A: what idiot wrote that clause in the lease?

 

[Ciarraine]

Ok, so you do have a severability clause. What does it say?

 

[mark1210]

HomeGuru--

I'd be that idiot, with that clause in there is there any fact in what the tenant is claiming...which is it violates law and isn't enforcable.

Ciarraine---

Severability clause states:

"If any portion of this lease is deemed to be invalid or unenforcable by a court for any reason the remaining provisions shall continue to be valid and enforcable. "

So even if the tenant is correct, the remaining portions of the lease shall be valid correct? Thanks for any and all advice.

 

[Ciarraine]

HomeGuru--

I'd be that idiot, with that clause in there is there any fact in what the tenant is claiming...which is it violates law and isn't enforcable.

Ciarraine---

Severability clause states:

"If any portion of this lease is deemed to be invalid or unenforcable by a court for any reason the remaining provisions shall continue to be valid and enforcable. "

So even if the tenant is correct, the remaining portions of the lease shall be valid correct? Thanks for any and all advice.

What's really going on? Why are you trying to terminate the lease?

 

[mark1210]

Oh I'm not, the student that is renting the room out wishes to move closer to school and I will not release him from the contract. Accoridng to him his attorney says that the verbiage I listed earlier allows him a way out since it violates law.

Verbiage in question:

Tenants acceptance/signature need not be required for Landlord to terminate Tenants lease"

 

[Dash8Driver]

I think the problem there is the clause in the lease that allows you to change the lease without the signature, ie approval, of the tenant. But as far as what you stated the law says only that part of the lease is void and the rest is enforcable???

I could be reading it wrong though, do you have a way to post the entire lease for all to read?

D8D