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Updated almost 10 years ago on . Most recent reply
Assignment of Leases w/ Indemnity Clause
I'm working through some of the final contingencies for my first owner occupied duplex deal. I had a lawyer review a tenant buyout contract (needed to buy one tenant out so I could occupy) and during that discussion, the lawyer suggested that I sign an Assignment of Lease with the current lessor - making the lease transfer bulletproof in the event of eviction proceedings. One of the specific items that was suggested to be included in the assignment was a clause indemnifying me from any claims/damages/expenses/liabilities that occurred prior to me purchasing the property and the leases being assigned to me. The example he gave was: pipe burst in the winter - landlord couldn't/wouldnt get to it in time - tenant paid to fix it - landlord wouldn't reimburse - tenant sues me (the new lessor) for the damages.
I'm on the fence whether this is really necessary or maybe just some FUD.
Thoughts?
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It protects you, why would You question it?