Contradiction in lease with WV code.

[JoLu1026]

LANDLORD, by this RENTAL AGREEMENT, leases to
TENANT, using as a private residence, apartment #[number removed] in the
[name removed] apartment community located at [address removed] Huntington, West Virginia XXXX, subject to the
following terms and conditions, with TENANT expressly
agreeing to the execution of this RENTAL AGREEMENT:
I. LEASE TERM: The term of this RENTAL AGREEMENT is
twelve (12) months, commencing November 7, 2017 and
expiring November 6, 2018.
II. RENT: Rent for the term is payable in equal consecutive
monthly installments of $689.00 + $30.00 = $719.00 being due
and payable on the first day of each month. Payments may be
made by check or money order, as well as online through
[address removed]. Please make checks/money orders
payable to [name removed] LLC and mail to:
[name removed] LLC
[address removed]
Cash cannot be accepted. There shall be a daily late charge of
$5.00 added to the regular monthly rental payment any time the
rental payment is not received by LANDLORD by 5 PM on the
first day of the month, compounding daily until payment is
received in full.
III. SECURITY DEPOSIT: TENANT hereby deposits $719.00
with LANDLORD as a security deposit, which shall not bear
interest and need not be kept separately. The deposit shall be
used by LANDLORD to pay for cleaning, repairs, and/or
damages to the premises or property of LANDLORD caused by
TENANT, any members of TENANT’S family, any social guests
of TENANT, or any licensees of TENANT upon expiration of
the terms of this RENTAL AGREEMENT, when TENANT has
vacated the premises and returned all keys to LANDLORD. If the
premises upon inspection by LANDLORD are found to be in
good, clean condition—reasonable wear and tear accepted—
LANDLORD shall return the security deposit to TENANT, less
any sums paid or deductions for cleaning, repairs, or damages as
described above within 30 days. If upon TENANT’S breach of
this RENTAL AGREEMENT TENANT has an outstanding
balance to LANDLORD, the full security deposit, or any portion
thereof, may be applied toward past due balance at
LANDLORD’S discretion. It is understood and agreed between
the parties that should LANDLORD choose to assert any claim
against TENANT’S security deposit, it shall not be construed as a
waiver or limitation upon LANDLORD’S right to any claim or
suit against TENANT for payment of rental due, additional rent
due in default, and/or damages to the premises in excess of the
amount of the security deposit. TENANT CANNOT USE
SECURITY DEPOSIT FOR RENTAL PAYMENTS.
IV. USE OF PREMISES: The premises shall be used exclusively
as a private residential dwelling and for no business purpose for
TENANT, nor TENANT’S family, nor any other person, except
with written permission from LANDLORD.TENANT agrees to
keep the premises clean, sanitary, and in good order and not to
permit unlawful acts upon the premises. This is a SMOKE
FREE apartment. If you permit smoking, you will be subject to
immediate eviction, as this is considered a breach of Rules and
Regulations. You will also be responsible for all restoration
charges. Restoration charges will comprise of a minimum
$500.00 extra cleaning charge and may include, but is not limited
to, replacement of floor coverings, light fixtures, ceiling fans
and/or mini-blinds. Additionally, you may be charged for
repainting using a smoke sealing primer. Furthermore, you will
be responsible for any rents forfeited while the unit is being
restored.
V. ASSIGNMENT AND SUBLETTING: TENANT shall not
sublet the premises at any time. In no event shall the premises be
occupied by more than four (4) persons. All occupants must be
made known to, and approved by LANDLORD. There are no
additional authorized occupants listed. Persons not listed
above must not stay in the apartment for more than seven (7)
consecutive days without prior written consent from
LANDLORD. Animals must be approved by LANDLORD and
adhere to the Animal Liability and Regulations Addendum. There
is one (1) cat approved.
VI. EQUIPMENT: LANDLORD furnishes the premises with a
refrigerator, electric range, washer/dryer, and garbage
disposal, along with other equipment. TENANT agrees to use
and maintain all equipment furnished by LANDLORD in
accordance with manufacturers’ specifications and in accordance
with Rules and Regulations included as part of this RENTAL
AGREEMENT. TENANT assumes responsibility for any repairs
and/or damages caused by TENANT’S abuse and neglect,
including, but not limited to, damage to the premises and
equipment. TENANT is responsible for all damages caused by
TENANT’S personal appliances. LANDLORD cannot be held
responsible for damages from power failures or surges. Amenity
packages (furniture, laundry, etc.) must be used for the full
RENTAL AGREEMENT term.
VII. CONDITION: TENANT accepts the premises in the
condition in which it now is, agreeing that there are no apparent
defects or damages, and agrees to maintain the premises in the
same condition throughout the RENTAL AGREEMENT term,
and to surrender the premises to LANDLORD in the same
condition as delivered, reasonable wear and tear arising from
normal use of the premises accepted. TENANT shall keep their
apartment and all hallway and patio areas clean. Trash may not be
stored outside. LANDLORD may charge for any trash removed.
VIII. ALTERATIONS: TENANT shall make no alterations,
additions, or improvements without the prior written consent of
LANDLORD. All changes will be the property of LANDLORD,
unless LANDLORD elects otherwise. Satellites are prohibited.
CATV cable services are permitted. TENANT is responsible for
all damages caused by unauthorized installation of television
services. You may not paint your apartment. LANDLORD
reserves the right to charge for damages.

 

[JoLu1026]

IX. UTILITIES: TENANT agrees to pay all applicable utility
charges of the premises, including charges for electricity,
telephone, gas, television, water, and sewer. LANDLORD pays
trash. LANDLORD cannot be held responsible for high utility bills
or failure of phone or television wiring.
X. RULES AND REGULATIONS: TENANT agrees to comply
with Rules and Regulations, as well as all attached addenda, and
acknowledges receipt and understanding thereof. Breach of any
provision of the Rules and Regulations may be treated as a breach
of the RENTAL AGREEMENT.
XI.TIME OF ESSENCE: Time is of the essence for all
TENANT’S duties and obligations contained in this RENTAL
AGREEMENT.
XII. RISK OF LOSS: LANDLORD shall not be responsible for
any loss or damages to personal property placed in or on the
premises. This includes, but is not limited to, vehicles or property
within, theft or missing items, water or storm damage. Use gas
grills with extreme caution. You are also liable for any action by
you or your guests that causes any damage to LANDLORD’S
and/or neighbor’s property. LANDLORD strongly suggests
TENANT obtains renter’s insurance to protect oneself in case of
loss.
XIII. LANDLORD’S RIGHT OF ENTRY: LANDLORD shall
have the right to enter the apartment at any time to make necessary
repairs or during any emergency to protect the premises from
damage. LANDLORD has the right to inspect the unit to check
for damages and proper sanitation. No other person will be granted
entry unless listed on RENTAL AGREEMENT, having presented
matching, valid photo ID.
XIV. BREACH OF RENTAL AGREEMENT & BUYOUT
OPTION: If TENANT shall fail to pay rent as required herein, or
if any payment of rent is more than 15 days overdue, or if the
premises are abandoned or vacated prior to the end of the term of
this RENTAL AGREEMENT, or if TENANT shall violate any of
the terms or conditions of this RENTAL AGREEMENT, Rules
and Regulations, or any applicable addenda, such action shall be
considered a breach of this RENTAL AGREEMENT. Canceling
utilities is proof of abandonment.
In the case TENANT must terminate RENTAL AGREEMENT
before expiration, a buyout option may be utilized in lieu of
fulfilling the entire lease term under the following conditions that
six months of the initial lease term has been fulfilled, a 30-day
written notice is received in which TENANT is responsible for rent
and utilities, and a buyout fee equivalent to one month’s rent is
paid prior to vacating apartment. TENANT is only eligible for the
buyout option if account is current with a positive payment history
and has received approval by the LANDLORD. Security deposit
may not be used towards the buyout fee, but is refundable under
the security deposit terms in section III and if rent and fees have
been fully paid and apartment is left in good clean condition.
XV. ACCELERATION OF RENT: Upon breach of this RENTAL
AGREEMENT by TENANT, notwithstanding any other
provision, TENANT agrees that whether LANDLORD retakes
possession of the premises, elects to terminate the RENTAL
AGREEMENT, or takes any other action provided by law, the
entire unpaid balance of rent due for the entire term of the
RENTAL AGREEMENT shall accelerate and immediately
become due and payable.
XVI. LANDLORD’S LIEN: TENANT hereby pledges and
assigns to LANDLORD all of the furniture, fixtures, goods,
vehicles and chattel of TENANT which shall be brought on the
premises as security for the payment of rent, any damages, and/or
repairs to the premises. In the event LANDLORD shall recover
possession of the premises, LANDLORD may dispose of the
property at TENANT’S expense, and in such event LANDLORD
shall not be liable in any action for entering the premises and
removing and disposing of TENANT’S property, with or without
process of law.
XVII. BINDING EFFECT: All terms and conditions of this
RENTAL AGREEMENT are binding upon heirs, executors,
administrators, personal representatives, successors, and assigns of
LANDLORD and TENANT.
XVIII. NO NEGLIGENCE REQUIRED: It is agreed between
parties that in any action for damages to the premises,
LANDLORD is not required to demonstrate that TENANT was
negligent in causing damage to the premises in order to hold
TENANT liable.
IXX. VALIDITY: In case any provision of this RENTAL
AGREEMENT is held illegal or invalid, the remainder of the
provisions of this agreement shall remain in full force and effect.
XX. EXPIRATION OF AGREEMENT: At the expiration of the
RENTAL AGREEMENT, if the agreement is not renewed,
TENANT must submit written notice to LANDLORD 30-days
prior to the expiration or TENANT may remain in the premises on
a month-to-month basis under the terms and conditions of this
RENTAL AGREEMENT.
Either party may terminate the month-to-month rental by giving a
30-day written notice of their intention to so terminate. Nothing in
this provision shall be construed as limiting LANDLORD’S right
to increase the rental charge at the expiration of the term. If
TENANT does not renew the RENTAL AGREEMENT, intending
instead to vacate at the end of this term agreement, a 30-day
written notice is still required.
XXI. SPECIAL PROVISIONS: The following provisions and any
additional addenda or documentation provided to you will become
a part of this RENTAL AGREEMENT and shall supersede any
conflicting details listed within this contract.

 

[Zigner]

XX. EXPIRATION OF AGREEMENT: At the expiration of the
RENTAL AGREEMENT, if the agreement is not renewed,
TENANT must submit written notice to LANDLORD 30-days
prior to the expiration or TENANT may remain in the premises on
a month-to-month basis under the terms and conditions of this
RENTAL AGREEMENT.

That's why you owe an extra month

 

[PayrollHRGuy]

How long was the lease for originally?

 

[JoLu1026]

That's why you owe an extra month

The contradiction is that it has a specific start and end time. To my understanding, no contract can override state or federal law/code. There is a line at the end of WV State Code that states "nor shall notice be necessary from or to a tenant whose term is to end at a certain time."

 

[JoLu1026]

§37-6-5. Notice to terminate tenancy.

A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same. A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period. When such notice is to the tenant, it may be served upon him or upon anyone holding under him the leased premises, or any part thereof. When it is by the tenant, it may be served upon anyone who at the time owns the premises in whole or in part, or the agent of such owner, or according to the common law. This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time.

Thank you for pointing this out. However, it seems people are all too ready to omit this part in favor of a landlord.

 

[Zigner]

Thank you for pointing this out. However, it seems people are all too ready to omit this part in favor of a landlord.

Read your thread again - that section would not appear to apply to you.

 

[JoLu1026]

How long was the lease for originally?

12 months. However, a specific end date was given.

 

[Zigner]

I'm sorry, but you should seek local legal counsel. Best of luck to you.