Commercial leases must contain certain guarantees. If this is not the case, the guarantees can be read by a court. Such a guarantee is the guarantee of the continuity of the market. Generally speaking, this guarantee requires that all leased property be suitable for its general use. For example, if a motor vehicle leased for transportation does not function, this failure may constitute a breach of the implied guarantee of market accessibility and the lessee could sue the landlord for the damage caused. If a landlord is in arrears with their obligations under the rental agreement, the tenant can sue the landlord for damages. The measurement of damage may vary. When a lessor violates the rental agreement by sending non-conforming goods or goods that have not been ordered by the lessee, the lessee may refuse the goods, terminate the lease and sue the lessor for recovery of funds already paid and for damage caused by the shipment of the non-compliant goods. If the lessee is in arrears with the obligations under the lease, the lessor may terminate the lease, withhold or cancel delivery of the goods or lease the goods to another party and, by the original lessee, the difference between the amount allegedly earned by the lessor under the original lessor and the amount earned by the lessor under the new lease, Recover.
All types of personal property (e.g.B. cars and furniture) or immovable property (e.g. B.raw land, apartments, detached houses and commercial real estate, including wholesale and retail trade) may be rented. As a result of the rental agreement, the owner (owner) grants the tenant the use of the indicated property. A lessee may assign a lease to a third party or an assignee. An assignment gives the assignee all rights in the lease for the remainder of the lease term, and the assignee assumes a contractual relationship with the original lessor. However, unless otherwise agreed by the lessor, the first lessee shall maintain the original obligations of the lease until the expiry of the lease. In principle, an assignment is valid, unless it is prohibited by the owner. A rental agreement or a rental agreement may be interrupted by the expiry of the temporary period for which it was granted, by the expiry of the notice period or by the expiry.
It is customary to insert in a rental agreement an explicit provision on the expiry of the lease if the tenant does not pay the rent or does not break one of his obligations. If an expiration right is created, it is up to the owner to decide whether to impose it or not. In most cases, he is obliged to notify the tenant of a notice indicating the infringement, in which he must, as far as possible, be corrected and demand compensation on demand. The old distress remedy that allows the landlord to enter, confiscate and retain personal property belonging to the tenant until arrears have been paid is still available in some jurisdictions, although it has been abolished in considerable numbers, so that only the usual legal procedures for debt collection and the summary procedure for excluding the tenant remain. A terminable lease (UK: determinable/fragile lease) is a lease agreement that can be terminated exclusively by the lessee or exclusively by the lessor without penalty (formally fixed). A mutually identifiable lease agreement can be determined by both. A non-cancellable lease is a lease agreement that cannot be terminated in this way. Generally, “leasing” may involve a non-cancellable lease, while “lease” may mean a cancellable lease. Another guarantee that is implicit in commercial leases is the guarantee of fitness for a particular purpose.
This guarantee only applies if the landlord knows how the tenant wants to use the property and the tenant relies on the owner`s expertise to choose the best goods or services. New York has recently experienced restrictions and restrictions when it comes to rental conditions. One restriction states, among other things, that units cannot be rented for a period of less than two weeks and that any unit rented for less than 90 days cannot accept guests or pets into the unit.  For residential real estate, it is sometimes illegal to charge the subtenant more than the original amount of the subtenant`s contract (for example. B in a rent control situation where the amount of rent is regulated by law). . . .