Leasing contracts: the meaning of "Stamp" and "Several"

Real Estate

When you see the phrase “sets and miscellaneous” in a

legal document or contract means that the parties

on one side of the agreement they are individually responsible

and collectively by the terms of the agreement.

Example: in the case of two tenants who sign a lease,

“joint” means that they are jointly and severally liable for the rent.

“Several” means that their joint relationship is broken.

In a contract it indicates that they have agreed that they are also

Individually responsible for the rental. If one does not pay

your part of the rent the other is responsible for the

total amount.

Here is an example of an owner who had a “set and many”

lease with the additional provision that tenants must pay rent with

a check, money order, or cashier’s check in its entirety

amount each month.

The landlord allowed the two roommates to pay half the rent each month.

with two separate checks. Bad policy.

Not only does it create accounting problems … but if one

the tenant pays on time and the other is late, how do you

handle late grief? AND …

If you accept payment from one tenant and the other

the tenant does not pay, have you risked having accepted a

partial payment of rent and then not being able to vacate?

This is the good news. If you have a

“no waiver” provision indicates that even if

you allowed lease violations in the past, you can at

at any time require tenants to abide by the terms

of the lease.

If tenants continue to pay with two separate checks

can return the checks and give “notice of default

to pay the rent. “

If they don’t provide you with a single check later

for the full amount of the rent, you can submit a

retention action (eviction).

What if tenant no. 1 declares that tenant no. 2 has moved out of the property and that tenant no. 1 should only be required to

pay your own half of the rent?

Show them “joint and several” in your lease

and explain that tenant n. 1 is now responsible for the

total amount of rent.

Explain that tenant no. 1 can seek the recovery of the other.

half of tenant # 2 in small claims court.

If you are renting a property to more than one tenant, make sure

your lease has “joint and several” and “no waiver”

clauses.

Carefully explain each one to each new tenant.

Leave a Reply

Your email address will not be published. Required fields are marked *