Upon researching the legal requirements and current status of Mr. William Massey’s lease agreement with YourTeamNameHere!.com, Inc. (YTNH) when Mr. Kelly Bennett acted on behalf of YTNH, as an authorized agent, in the acquisition of the property located at 1831 Storybook Road, Charlotte, North Carolina. The assessment of the contract’s validity will be completed through the following enumerated points: (1) whether the lease is required to be in writing, (2) what must the lease contain to be valid, and (3) whether the parties existing writings satisfy the legal requirements of North Carolina.
ANALYSIS
All land leases must be in writing if the term exceeds the duration of three years as Mr. Massey’s lease is for a term of six years,
…show more content…
N.C. Gen. Stat. § 25-2-201; Purchase Nursery, Inc. v. Edgerton, 568 S.E.2d 904-05 (N.C. Ct. App. 2002). The writing need not be physically connected if the writings contain all four of the essential elements of a contract to convey or lease land signed by the party to be charged or authorized agent then there can be a binding contract to convey land. N.C. Gen. Stat. § 22-2; Howlett v. CSB, LLC., 596 S.E.2d 899, 905 (N.C. Ct. App. 2004). Satisfaction of the first element requires the identity of the parties to be bound. Purchase Nursery, Inc., 568 S.E.2d at 907. Here, Mr. Massey as the landowner with YTNH (represented by Mr. Bennett) as the tenant of the property. A description of the land to be leased must be specially described. Id. Here, the property is described as being a 10,000 square foot warehouse located at 1831 Storybook Road in Charlotte, North Carolina. A statement of the terms of the lease to the property must be present. Id. In these facts, YTNH and Mr. Massey agreed to five years of rental with the first year at a rate of four dollars per square foot, and the years thereafter, at an annual rental rate that would automatically change in accordance with the Consumer Price Index for the South Urban region. There must be rental or other consideration to be paid. Id. at 908. As previously stated, YTNH and Mr. Massey agreed to five years
Section 1, titled terms lists the terms of the contract. The terms of the agreement must be definite and certain. All material terms must be included. The material terms allow a court to determine what the damages are in the event that one of the parties breach the terms of the contract. Section 1, of Exhibit D: Commercial Lease Agreement list the date the lease starts and the date the lease ends. It then lists the damages that the tenant may take if the landlord is not able to provide the leased premises in a timely manner. The section then goes on to state the terms of the renewal process. The process of renewing the lease is set with a written notice of 90 days. This process is definite and certain. The renewal provision then states that the terms shall be at the rental listed in the below sections of the agreement and upon the same covenants, conditions and provisions as contained in the lease agreement. Both the terms listed to lease the premises and to renew the contract is definite and certain and it lists the material terms.
We represent Thompson Laurie DiNoto, the Tenant, under that certain Residential Lease dated July 3, 2017. You are hereby notified that Mr. and Mrs. DiNoto rescinded the above-referenced Residential Lease under the terms of which they took occupancy of Lily Unit #127. This rescission is made on the ground that (1) the Premises are not in a tenantable condition; (2) the monthly rent charge of $7500 was substantially in excess of the advertised rate of $6,000 per month in violation of Business and Professions Code sections 17200 and 17500, as well as section 43(A) of The Lanham Act; (3) the Residential Lease is unlawful in that it omits required disclosures under federal and state law.
Continue by furnishing facts like date of the lease agreement and address of the property in 1.1. Enter the name of the tenant and the name of the landlord in the spaces provided in subsection 1.2. Describe the property in detail in 1.3.
The South Carolina Commercial Lease Agreement have legal documents/contracts that are negotiated and can create the tenant and landlord for a commercial rental property. Businesses negotiate as opposed to purchasing commercial property, saving the company an extensive amount of capital that would better invest in the business proper. Commercial leases may be lengthy and complicated. Since the terms of a commercial lease can negotiate, this may often keep the rental cost efficient, upon renewal, any parties should be aware of the contents of a document that will be signed and should read each section carefully. It is important to understand the terms and conditions of the lease. It is best to be very aware of what defines the responsibilities
Seller and Customer stipulate that the place of formation of this agreement will take place in Sonoma County, California and intend to avail themselves of the jurisdiction of the court of the State of California with regard to any dispute arising out of this Agreement. In the event of a breach of this Agreement by Seller or Purchaser, venue shall lie in Sonoma County,
The lease does not meet the transfer of ownership test, the bargain purchase test, or the economic life test [(5 years ÷ 8 years) < 75%]. However, it does pass the recovery of investment test. The present value of the minimum lease payments ($31,000 X 4.16986 = $129,266) is greater than 90% of the FV of the asset (90% X $138,000 = $124,200). Therefore, Callaway should classify the lease as a capital lease.
Items to be addressed: market price garage $ 6.5 mio (January 1, 2003) lease 10 years for annual payment of $ 1 mio (end year, start 2003) useful life 20 years, when major renovations are needed Ciclón marginal borrowing rate was 10% lease contract signed January 1, 2003
Allowing one day for transit of this letter, the term of the lease should in accordance with the oral agreement have commenced on 15 April 1965.
Dealing with Operating Leases in Valuation Aswath Damodaran Stern School of Business 44 West Fourth Street New York, NY 10012 adamodar@stern.nyu.edu
Based on the letter and two notices it would appear on the one hand the lease is being referenced or used in regards to boats being on the property, however on the other hand it seems the lease is not being referenced or used in regards to the renewal of the lease. In light of this and the notices I would like to provide some history and our agreements with Jack and Mary Lord as to our rental time at this address.
As indicated by our content, paying little respect to the authoritative document of the assentation, a lease is represented as either a rental understanding or a buy/deal joined by obligation financing relying upon the renting game plan. Then again, I immovably trust that due to the expert judgment that is expected to separate between leases, it is still simple to distort reality on a company 's accounting report.
The firm signed a long-term lease with PennState Leasing last year for trucks where one of these trucks will be available for use on the new project in month 1, two for month 2, three for month 3 and one for month 4. The long-term leasing
Leasing a piece of machinery or property can be beneficial for a company or individual rather than a straight out purchase. This report will define a lease, the types, and benefits. While illustrating the difference between a lessee and the lessor, showing the implantations of tax benefits each party will be able to partake in. The third aspect that will be covered is the written agreement between the parties, and how these terms can be self-defining as to what type of lease in which the parties are agreeing to.
BUYERS agrees to purchase and SELLER agrees to sell the following described property, to wit: