1 Advice on Leases, Forms, Boilerplate Clauses, Etc. Real Estate Law Mike Brigner, J.D.

2 You will hear about it Both the attorney and the client will review your work. The attorney will catch legal errors. Both will catch factual errors. Your work can’t just be good, it must be perfect, at least as to facts Legal issues you are learning and will always continue to learn Factual issues: can’t afford an error

3 Best Work on Lease Project Revised Code outlines ranged from good to excellent Occupancy rules – practical, funny, clever –Some however included legal issues in occupancy rules Some students scored %, so not an impossible project

4 Beware Forms Have clauses you don’t need Don’t have clauses you do need Have bad clauses Have good clauses with wrong details

5 Errors Related To Form Called parties many things other than what Ohio law calls them – landlord & tenant Left in clause that required tenant to pay attorney fees – unlawful in Ohio Left in clause that waived landlord liability – unlawful in Ohio Left in clause that allows assignment and subletting – contrary to facts

6 Errors Related To Form Left in clause that allows landlord to reenter and resume possession – unlawful in Ohio Calling premises an “apartment” instead of a house Leaving in clause about only using exterior walkways – an apartment lease clause Not changing one-year lease language to two-year lease

7 Common Project Omissions No mention of leaving permanent fixtures Dividing up utilities when facts said that tenants pay all utilities

8 Common Project Omissions Unfurnished Maximum occupancy Responsibilities for maintenance & repairs Termination for rent being 15 days late Landlord to insure Pet deposit & responsibility to repair Improvements at tenant’s cost & they become landlord’s property

9 Common Lease Errors No statutory notice No information on whether lease is recordable Single spaced No course section # on cover page No signatures Included a notary clause when none required

10 Suggestions Usually will have just notes to work from Make a checklist from notes List each item to be included Check off each item Delete underlines from forms Keep headings with their materials

11 Suggestions Work from more than one form when possible Examine every single sentence to see if it complies with your facts, Ohio law “Boilerplate Clauses” are especially dangerous Double check facts. Client will!

12 Advice on Leases, Forms, Boilerplate Clauses, Etc. Concluded Mike Brigner, J.D.