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December 7, 2012
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January 21, 2013

Read your lease! The sad tale of the tenant who didn’t

It may seem an obvious thing to do, but how many of us actually read contracts we are signing, before we sign them?  Another reminder from our courts of the dangers of “signing blind” is the recent case of the tenant who didn’t read his lease, and paid the price.

The tenant had bought a restaurant in a shopping mall from the previous tenant.  He had never read his written lease, and his belief that he had the use of a courtyard for outside seating was based on what the previous tenant had told him.  In fact the lease gave him no such right to use the courtyard, and he was unable to convince the Court to assist him on any other basis.

Commenting that “A reasonable person in the position of [the tenant] would at least have read the lease agreement”, the Court granted an order ejecting him from the courtyard.

The punch line

If you have any doubt at all about anything you are signing, take proper advice before you sign it!

© DotNews, 2005-2012. This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

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