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请明白人给看看下面这个租房合同, 房东这条款好霸道,能反驳一下么?跪谢

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发表于 2018-6-8 16:25 | 显示全部楼层 |阅读模式
请明眼人帮我看一下条款6, 10,12,19,24, 感觉这房东把自己摘的好干净,房客的个人财产应该如何保护?多谢多谢
ALL APPLIANCES ARE AS/IS & ANY REPAIRS ARERESPONSIBILITY OF TENANT
REFRIGERATOR, DISHWASHER, AND OVEN
Landlord and Tenant do herebyagree and covenant as follows:
6.     CARE OF PROPERTYAND EQUIPMENT
Tenantwill keep said property and all equipment therein in good order, repair andcondition, and surrender same at the expiration of the term hereof in the samegood order in which they are at the beginning of the term hereof or at the timeof any subsequent repair or replacement thereof during said term, normal wearand damage by fire, storm, natural elements and public enemies, not due to thefault, negligence or aggravation of Tenant excepted.  Tenant is responsible for the clearing of anystoppages in water closets, drain lines and dishwasher air gaps.  Tenant will maintain proper caulking aroundbathtubs and showers.  Tenant will beresponsible for clearing jammed disposals. Tenant shall not install any appliances, HVAC units, televisionantennae, satellite dish or other equipment without the prior written consentof the Landlord.  Tenant understands thatthere are no phones located on the premises and that it is the Tenant’sresponsibility to have installed and pay all charges associated withinstallation in the event Tenant desires phone service to premises.  Tenantis responsible for routine maintenance of  building and property to include yardmaintenance. If property is not maintained, owner has right to have yardservice done and billed to tenant. Tenant agrees and covenants that, whenever the outside temperature fallsbelow 30 degrees Fahrenheit, Tenant will leave all water lines on the premisesrunning so as to avoid water-line pipes freezing and/or bursting due to thecold temperature.  Tenant further agreesand covenants that should any water line/pipe on the premises freeze and/orburst, Tenant will immediately notify Landlord of the situation.  Tenant further agrees and covenants thatTenant shall remain solely responsible for the cost of any repairs and/orresulting/consequential damages that occur as a result of any frozen and/orburst water-line/pipes, provided that Tenant has  NOTcomplied with the terms of this section.
   
10.  NOTICE OF DAMAGE, DEFECTS
Tenantwill give Landlord prompt notice of any known defect, breakage, malfunction ordamage to or in the structure, equipment or fixtures in or on any saidproperty.  This covenant, however, doesnot obligate, and is not to be understood, interpreted, construed, or in anyway to imply that Landlord is obligated or expected to repair or correct  such defect, breakage, malfunction ordamage.  Tenant hereby stipulates that hehas examined the demised premises, including the grounds and all buildings andimprovements, and that they are, at the time of this lease, in good order,repair, and in a safe, clean, and tenantable condition.
12.  LIABILITY FOR PERSONAL OR PROPERTY DAMAGE
TheLandlord shall not be liable for any injury or damage to persons or propertyeither caused by or resulting from falling plaster, dampness, overflow orleakage upon or into the property of water, rain, snow, ice, sewage, steam, gasor electricity or by any breakage in or malfunction of pipes, plumbingfixtures, air conditioners, or appliances, or leakage, breakage, or obstructionof soil pies, nor for any injury or damage from any other cause, unless anysuch injury or damage shall be the result of willful misconduct or negligenceof Landlord.  The Tenant shall giveprompt notice to Landlord of any of the foregoing occurrences, however caused.
16.  INSTALLATION OF EQUIPMENT
Tenantwill not install or use, or permit to be installed or used, any equipment ofany kind that will require any alterations or additions to, or create anoverload on, any gas, water, heating, electrical, sewerage, drainage, or airconditioning systems of the said property without prior written consent of theLandlord, and the permission of any governmental agency or public utilitycompany, as and if required, and in compliance with applicable public laws.
17.  ALTERATIONS AND ADDITIONS
Allalterations, additions to, or improvements in or on said property made byeither party (except movable furniture or unattached and movable equipment putin at the expense of Tenant) shall immediately become the property of theLandlord and shall remain upon and be surrendered with the said property as apart thereof at the termination of this Lease without disturbance, molestation,or injury thereto, and without complaint, claim, contest, litigation or delayby Tenant, or Tenant’s family, household, agents, guests, licensees, creditors,pledges, mortgagees or other persons.  
19.  DAMAGE BY FIRE, ETC
Ifthe said property shall be partially damaged by fire or other cause without thefault and neglect of Tenant, the damage shall be repaired by and at the expenseof the Landlord, and the rent, according to the extent that the property isrendered untenanable, shall be suspended until such repairs are completed.  With further provisions, Tenant can terminatethis Lease by written notice to Landlord and payment of rent to the dateproperty became untenanable.  If the saidproperty is damaged by fire or other cause to such extent that Landlord shalldecide to demolish the structures on said property, then and in either or suchevents, Landlord shall have the option to terminate this lease by writtennotice to Tenant and the term of this Lease shall terminate on the day suchnotice is given, with the balance of the rent due hereunder adjusted to thedate of such termination.  In the eventpremises are rendered untenable, landlord is not responsible for providingtenant alternative living arrangements.
  
24.  NO LIABILITY FOR DAMAGES
Inno event shall landlord be liable for damages or compensation to Tenant orTenant’s assigns, household, agents, or licensees, or any other person orentity, because of the events, conditions, actions, or terminations describedin or arising from or connected with the provisions of paragraph 23 or 24.  
25.  REPAIRS OR ALTERATIONS DUE TO USE OR NEGLECT
Ifat any time during the term of this lease, or any renewal or extension thereof,Landlord should be required by any governmental authority to make repairs,alterations, or additions to said property, or its equipment, caused by the useor neglect thereof by Tenant, Tenant hereby agrees to have said repairs,alterations or additions made at Tenants risk, cost and expense, and if Tenantfails to do so promptly, Landlord shall have the option of terminating thislease or causing such repairs, alterations, or additions to be made and thecost of same shall be considered as additional rent for said property andpayable forthwith by Tenant.  Theprovisions of this paragraph shall be in addition to, and shall not prevent theenforcement of, any claim landlord has assigned against Tenant for any otherbreach or damages under this lease. Tenant will, at its sole expense, keep and maintain the leased premisesand appurtenances in good and sanitary condition and repair during the term ofthis lease and any renewal thereof.  Inparticular, Tenant shall keep fixtures in the house or on or about the leasedpremises in good order and repair; keep the furnace clean;  keep the electric bills in order;  keep the walks clean from dirt and debris;and, at its sole expense, shall make all required repairs to the plumbing,range, heating, apparatus, and electric and gas fixtures whenever damagethereto shall have resulted from Tenants misuse, waste, neglect or that of itsemployee, family, agent, or visitor.  
发表于 2018-6-9 12:00 来自手机 | 显示全部楼层
房东提供的租房lease版本不存在非法之说, 因为房子是他的私有财产, 他可以提出对他有利的要求。你所能做的就是在签字与不签字之间选择。这里很多交易都是这样的购车和银行服务等等, 那些条款都是请律师写的, 如果你细读, 都会发现很多条款对接受服务者很苛刻的。你可以选择不签, 但人家不会因为你而改条款。
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 楼主| 发表于 2018-6-8 19:20 | 显示全部楼层
感谢回复。我这是个residential lease,找个房子住。这租约看起来太吓人了,大冬天我得俩眼盯着温度计,天一冷就得开水龙头防冻管。 'whenever'这词读的我心惊肉跳的。

Regarding the water lines in winter time, is it the common practice and only option in the residential area to leave the water running to avoid water-line freezing and /or bursting due to the cold temperature?  Are all water pipe lines in the city not insulated or only in this property the water pipe line is not insulated?  In case we have a sustained cold air strike, the water is kept running for weeks or longer, the cost to protect the water pipe lines is liable on me, which is not acceptable. I could have avoided this extra cost if you installed insulated water lines.  After all, insulated water line is a necessity to foreseeable risk factor like cold air strike.  
Although we both understand this is an extremely unlikely event, I do not agree the sole responsibility of keeping the water lines from freezing and the cost of consequential damages from a bursting water-pipe line.  According to the terms in this clause, I need to keep my eyes widely open on the thermometer and hands on the water faucet during the whole winter to protect the water pipe lines from cold air attack.  As I need to do so “whenever the outside temperature falls below 30 F”.  Could you please describe the responsibilities under the following imaginary scenario:  (1) my family left for Christmas vacation, and before our departure I notified you that we will be absent for more than 21 days. Unfortunately, cold air strikes  during our absence, the water line frozen and bursted . (2), It has a sudden temperature drop overnight and the water line was frozen before I was aware of the unexpected temperature drop, (3) The house was built in 1973, the over 44 year old water lines broke due to rust erosion.   All these events  flooded the house, including my personal properties, for example, a computer.  Who is paying for the repair?  Will my loss be compensated, and by which party?  
I would like to add one more term in clause 6, “Tenant are waived from aforementioned liabilities  if all appropriate precautionary measurements were taken in a timely manner. ”

看来必须加上一句太极式的 appropriate precautionary measurements了。

后面这些liability 摘的太干净了。找律师的话,是咨询地产律师么? 谢谢您
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 楼主| 发表于 2018-6-8 19:30 | 显示全部楼层
4 Notice of damage and defects:  I do not agree with the terms after prompt notification of any known defect, breakage, malfunction or damage of the property,  landlord is not obligated or expected to repair or correct such defects, breakage, malfunction or damage.  Please describe responsibilities under the following imaginary scenario:  a reckless driver bumped a big hole in the wall of the property and ran away.  I notified you of this damage immediately.  What is next?
5. Damage by fire, etc : Have your purchased any theft, fire/flood insurance for the house? Is my property covered from any of these insurances? For example, what shall we do in case a tornado blows the roof off?  Or the house is flooded when St Laurence river deluges?  Or the house was set on fire/sabotaged during a riot?   I assume no responsibility for any damages to the property incurred from such natural disaster events or any other unresistible factors.
这么回复合适么,感觉一条条反驳起来好无力。房子位置挺好,孩子上学方便。租个房搞得跟跳火坑似的,心累蛋疼。
还望高人不吝赐教,
无知法盲,百拜敬上
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发表于 2018-6-8 19:36 | 显示全部楼层
只要不是房东拿着枪逼你签这份合同,那就不能称之为不公平。如果你觉得不公平,你可以不签,就这么简单。如果你签了字就得按合同办。

没有其它好讲的。
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 楼主| 发表于 2018-6-8 19:42 | 显示全部楼层
This is the move in inspection I requested:

A move in inspection is to be performed at the presence of both landlord (or lawful representative) and tenant to  assure the property is suitable for dwelling purpose. All appliances including but not limited to the refrigerator, dishwasher and oven are fully functional, and all appliances should be in good conditions to sustain the anticipated two year lease term given normal wear and tear.  Tenant is not responsible for any pre-existed damage or malfunction of any appliance, and may request repair/replacement /removal at landlord’s expense before move in.  The move in inspection will not be considered complete till both parties (Tenant and landlord) agreed the premise is in safe, clean and tenantable condition.  Visual proofs like digital pictures/videos will be taken and stored by both parties as future references to evaluate damage and repair cost to the property upon lease expiration.
这要求不过分吧? 
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 楼主| 发表于 2018-6-8 19:50 | 显示全部楼层
resp-vendor 发表于 2018-6-8 19:36
只要不是房东拿着枪逼你签这份合同,那就不能称之为不公平。如果你觉得不公平,你可以不签,就这么简单。如 ...

谢谢您的热心回复,合同还没签,正在就条款扯皮中。所以我把自己的部分回复也贴出来,请大家给个意见,再次感谢。
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 楼主| 发表于 2018-6-8 19:51 | 显示全部楼层
贴出的回复还在审核中,让我们都耐心等会儿,在线等高见,谢谢!!
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 楼主| 发表于 2018-6-8 19:58 | 显示全部楼层
This is the move in inspection I have requested,

A move in inspection is to be performed at the presence of both landlord ( or its lawful representative) and tenant to assure the property is suitable for dwelling purpose. All appliances including but not limited to the refrigerator, dishwasher and oven are fully functional, and all appliances should be in good conditions to sustain the anticipated two year lease term given normal wear and tear.  Tenant is not responsible for any pre-existed damage or malfunction of any appliance, and may request repair/replacement /removal at landlord’s expense before move in.  The move in inspection will not be considered complete till both parties (Tenant and landlord) agreed the premise is in safe, clean and tenantable condition.  Visual proofs like digital pictures/videos will be taken and stored by both parties as future references to evaluate damage and repair cost to the property upon lease expiration.
这要求不过分吧?
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 楼主| 发表于 2018-6-8 20:04 | 显示全部楼层
律政江湖 发表于 2018-6-8 20:00
等个头啦!没看到吗?你是新移民吧?这么欺负新移民的话,应该曝光一下这个恶房东。

在QUEBEC, 如果是民 ...

那还是找用这通用lease的房东吧。谢谢您的提醒。
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 楼主| 发表于 2018-6-8 20:32 | 显示全部楼层
7402741432 发表于 2018-6-8 19:50
谢谢您的热心回复,合同还没签,正在就条款扯皮中。所以我把自己的部分回复也贴出来,请大家给个意见,再 ...

审核个毛毛哦,我诚心实意请教扯皮,正好热心人也在线,辛辛苦苦写个回复半天看不见算个鸟。

真是。。。。
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