Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 4 years ago on .

User Stats

182
Posts
216
Votes
Carl Mathis
216
Votes |
182
Posts

Good faith and fair dealing provision of contrcat law

Carl Mathis
Posted

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.

https://en.wikipedia.org/wiki/Good_faith_(law)