This lease clause describes the landlord’s procedural rights following a re-entry of the rental property or a lease termination, actions typically prompted by tenant breaches.
First, it ensures that certain lease provisions, specifically those concerning the repercussions of termination, remain valid even after the lease itself is nullified. This prevents tenants from evading responsibilities such as outstanding rent or damage payments simply by virtue of the lease’s end.
Second, the clause grants the landlord the authority to “peaceably” retake possession of the premises, releasing them from any tenant-initiated legal actions regarding this re-entry. Furthermore, it empowers the landlord to remove the tenant and their possessions, again within legal boundaries, without incurring trespass charges.
Finally, the clause details the protocol for handling the tenant’s abandoned property. The landlord is obligated to store these belongings, potentially at the tenant’s expense. Should the tenant fail to reclaim their property within ten days of notification, the landlord is then permitted to have the items appraised and subsequently sold.
The proceeds from this sale will first satisfy any outstanding debts owed by the tenant, with any remaining balance returned to the tenant. Critically, the landlord’s liability regarding the disposal of these items is limited to the return of any surplus funds after covering storage and owed expenses.
It is important to remember that all of these actions are limited by state laws, and that those laws will overrule any part of the lease that is in conflict with them.
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Additional Rights on Re-entry - What does this mean in a lease agreement?
I understand you have a question about “Additional Rights on Reentry” in a lease agreement. Can you please specify which specific rights or provisions you are referring to?
“If the Landlord reenters the Premises or terminates this Lease, then:
a. Notwithstanding any such termination or the Term thereby becoming forfeited and void, the provisions of this Lease relating to the consequences of termination will survive.
b. The Landlord may peaceably enter and retake possession of the Premises, and the Tenant hereby releases the Landlord from all actions, proceedings, claims, and demands whatsoever for and in respect of any such peaceable entry or any loss or damage in connection therewith or consequential thereupon.”
Are you looking for information on how these additional rights may impact your responsibilities as a tenant or landlord?
Tenant.
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[Continues quoting lease clause]
”c. The Landlord may expel and remove, peaceably, the Tenant, those claiming under the Tenant, and their effects, as allowed by law, without being taken or deemed to be guilty of any manner of trespass.
d. In the event that the Landlord has removed the property of the Tenant, the Landlord must store such property together in a public warehouse or at a place selected by the Landlord, which may be at the expense of the Tenant. If, after 10 days after the property was taken and notice was provided to the Tenant, the Tenant has not commenced an action to recover the property or set aside or end the distraint, the Landlord may, with two days’ notice to the Tenant, cause the property to be inventoried and appraised by three sworn appraisers, after which the Landlord may sell the property as provided by law to satisfy any unpaid rent or indebtedness of the Tenant to the Landlord. The Landlord will not be responsible to the Tenant for the disposal of such property other than to provide any balance of the proceeds to the Tenant after paying any storage costs and any amounts owed by the Tenant to the Landlord.”
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You want to know what that clause in the lease means?
And that is the full clause above, 24(a-d)?
Yes
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This lease clause describes the landlord’s procedural rights following a re-entry of the rental property or a lease termination, actions typically prompted by tenant breaches.
First, it ensures that certain lease provisions, specifically those concerning the repercussions of termination, remain valid even after the lease itself is nullified. This prevents tenants from evading responsibilities such as outstanding rent or damage payments simply by virtue of the lease’s end.
Second, the clause grants the landlord the authority to “peaceably” retake possession of the premises, releasing them from any tenant-initiated legal actions regarding this re-entry. Furthermore, it empowers the landlord to remove the tenant and their possessions, again within legal boundaries, without incurring trespass charges.
Finally, the clause details the protocol for handling the tenant’s abandoned property. The landlord is obligated to store these belongings, potentially at the tenant’s expense. Should the tenant fail to reclaim their property within ten days of notification, the landlord is then permitted to have the items appraised and subsequently sold.
The proceeds from this sale will first satisfy any outstanding debts owed by the tenant, with any remaining balance returned to the tenant. Critically, the landlord’s liability regarding the disposal of these items is limited to the return of any surplus funds after covering storage and owed expenses.
It is important to remember that all of these actions are limited by state laws, and that those laws will overrule any part of the lease that is in conflict with them.
Does that make sense?
Yes, thank you!
