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You guys are great thankyou!
We're signing a $15,000 a year lease, it's very low priced in the scheme of things. We want the property wether we have to pay the excess or not, we just want to know our rights as tenants for when it comes to the crunch.
We don't want to fork our for a lawyer when in the end we really need and want the property anyway wether we have to pay exceess or not, we just kind of want to know where we stand rather than 'word of mouth' promises.
I'm sure if we had an expensive property we'd be all over the lawyers but the risk here is so minimal.
There was no 'special' terms on the lease, everything was standard from REIV with no changes.
The part where he added the information we read through very thoroughly, and there was no notes, just yes or no questions that were obvious. Most things didn't apply to us so 'no' was checked in most circumstances.
There was no secret fine print, or dodgy conditions we didn't really understand. The only altered thing was that we can't spray paint in the building without permission. That's it.
Um what else can I help you with…
I liked what you said Freckle, that if no if a contract or lease doesn't specify who is liable for insurance excess' in an insurance event then liability cannot be inferred…
That means if he tries to put it on us, we can basically rebut and say, sorry where does it say we're liable?
Thanks again all
Thanks heaps guys, we're a young couple and this is our first commercial lease, so we're pretty sure he is just trying to tag us along.
But he's flat out said he won't and can't 'change the law' and refused to write what we asked on the lease to confirm that we don't pay the excess. He just said it by word of mouth which is all suss.
The lease isn't complicated, it's all standard, this is the only thing he's being weird about.
He's also getting quite agressive about it, saying he can't change the law and won't add what's already 'common law' to the lease.
He said 'Look I don't have the time to teach you the ins and outs of law and leases' etc etc. (patronising scare tactics to drop the subject)
We're just worried and would like to know our rights in case this situation arrises, what is the actual law.
Do we pay the excess or does the landlord in a situation that's not our fault?
Either way we want the lease, and we'll sign either way, we just want to know what we're up for in case this happens.
Thanks for the prompt replies guys
