inherited lease questions

[Jennifer Pletcher]

Okay - now that I have the information I need and have to keep this lease, I have two parts of the lease that are really confusing me tonight.  The wording mostly.

1) Tenant expressly waives to Lessor the benefit of Act No 20, approved April 6, 1951 entitled "The Landlord and the Tenant Act of 1951"., requiring notice to vacate the premises at the end of the term, or any renewal thereof, and agrees to give up quiet and peaceful possession at the end of the terms or any renewal term without further notice from the Lessor and further waives all laws now or hereafter in force exempting property from liability for rent or for debt.

2) Lessor shall undertake all necessary and appropriate repairs and maintenance to maintain the premises during the term of the Lease in the same condition as it was as of te date of the commencement of the Lease.  If such repair is Tenant's responsibility, Lessor shall bill Tenant and Tenant shall pay the same within 15 days.

With the first one - I have never heard of this Act.  I cannot figure out from the wording if the Tenant is waiving the right to this act, or the Lessor does, or neither??

And with the second one - what the heck.....is the tenant responsible for fixing EVERYTHING?  

I have tried for two weeks to reach the old owner - the one that wrote this lease, and I cannot get ahold of him.  Not even through his attorney or real estate agent - no one responds.  So I guess I am left to figure this one out on my own.  I have a VERY disgruntled tenant, so I want to make sure I get this all right.

[David Krulac]

@Jennifer Pletcher

I'm not an attorney and not giving legal advise.  You're right the wording is terrible.

1. In some states the owner has to give the tenant notice of non-renewal of the lease.  The tenant has the right to waive that notice, and will leave quietly when the lease expires.  that's my take, as always consult with an attorney.

2.  This one is easier.  Owner will keep the property in good repair, such as when first rented.  But if the repair is caused by an action of the tenant, then the tenant will pay for the repair.  For example, say the toilet is clogged up, the owner calls a plumber and they snake the line and recover a tooth brush of the tenant.  Since the tenant cause the toilet clog the tenant is responsible for paying the bill.