General Landlording & Rental Properties
Market News & Data
General Info
Real Estate Strategies
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/hospitable-deef083b895516ce26951b0ca48cf8f170861d742d4a4cb6cf5d19396b5eaac6.png)
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_trust-2bcce80d03411a9e99a3cbcf4201c034562e18a3fc6eecd3fd22ecd5350c3aa5.avif)
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_1031_exchange-96bbcda3f8ad2d724c0ac759709c7e295979badd52e428240d6eaad5c8eff385.avif)
Real Estate Classifieds
Reviews & Feedback
Updated almost 4 years ago on .
![Carl Mathis's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/1998052/1621517376-avatar-carlm115.jpg?twic=v1/output=image/crop=878x878@0x12/cover=128x128&v=2)
Good faith and fair dealing provision of contrcat law
I am extremely bothered by a lot of references I see to 'radio silence'
Without knowing the laws that apply or how it can be addressed, it seems to me that this is a breech of a fundamental aspect of contract law - that being: "The duty of good faith and fair dealing"
It is a reasonable assumption that when entering into any agreement, let alone one with the owner of a high value asset for temporary and restricted use (they are not allowed to do anything they want nor for as long as they decide they want to), that the actual owner of said asset may reasonably expect the other party to engage in regular communication about the status of the asset and the agreement whereby they have (temporary and restricted) use of it.
If I cannot legally just drop in and snoop around for unscheduled inspections of something that is worth a lot of money, which you have possession of, and you are not paying the agreed upon fee for its use, and not communicating in any way - how can my tenant legally just not pay rent and not say a word about it and ignore my messages? My position is that doing so is a fundamental violation of the agreement. I should be able to say, "We have a contract which you are not honoring and I want you out immediately" - I realize it is not this simple - this is a problem.
I would REALLY like to talk to an attorney, and hear about legal precedent on this because it seems like a clear breech of this standard provision of every agreement.