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Non-Refundable Security Deposit

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AlegnaRevonoc

Junior Member
I live in WV and my uncle is in the midst of renting a building for business use. The landlord put the following language in the lease:
"$750.00 nonrefundable security deposit for wear and tear to the premises"; and
"$25.00 a week in food" (to the landlord).
Is this legal??
 


FarmerJ

Senior Member
Commercial rentals normally are left alone by states since zoning rules will normally will not allow a tenant to reside in the commercial space. The leases are open to what ever is offered and agreed to between LL and tenant. btw some localities may have ords that require certain things of commercial LLs but what you posted likely will not be addressed.
 
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AlegnaRevonoc

Junior Member
So the law is different for a commercial leased building? The "security deposit" as non-refundable is not considered a "fee" instead of a deposit? How do you report that on taxes? Also, the "$25.00 a week in food" is legal? And how is that reported on taxes?
I don't mean to question you, this just does not seem to me to be a legal contract to sign and if it is deemed illegal then the contract is void and my uncle is out his business. Would you suggest we have a local commercial contract attorney review the document prior to signing since we have these hesitations?
 

ecmst12

Senior Member
Residential landlord-tenant laws DO NOT apply to commercial leases. Commercial landlords can put just about anything they want into their leases. If the commercial tenant doesn't agree, they can negotiate or find another landlord more to their liking. The only thing that would be illegal to put in a commercial lease would be something that violated ANOTHER law, or something that would make the contract itself questionable. Any commercial tenant would be wise to have their own lawyer review any lease before signing.
 

acmb05

Senior Member
Residential landlord-tenant laws DO NOT apply to commercial leases. Commercial landlords can put just about anything they want into their leases. If the commercial tenant doesn't agree, they can negotiate or find another landlord more to their liking. The only thing that would be illegal to put in a commercial lease would be something that violated ANOTHER law, or something that would make the contract itself questionable. Any commercial tenant would be wise to have their own lawyer review any lease before signing.
I'm sorry but $25 for food? LMAO
 

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