Puerto Rico Waiver of Lease Provision by Owner of Surface of Lands

State:
Multi-State
Control #:
US-OG-156
Format:
Word; 
Rich Text
Instant download

Description

This form addresses provisions that may be contained in an oil and gas lease restricting the use of the surface of lands. The form provides for the lease restrictions, contained in a lease, to be identified in the document.

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FAQ

These include: 1. The right to a safe and habitable living space: Landlords are required to provide tenants with a safe and habitable living space. This means that the property must be free from hazards such as mold, lead paint, and other dangerous conditions. 2.

A ?No Waiver? clause means that the landlord's failure to enforce any provision of the lease does not waive it, or render it unenforceable. For example, the lease might contain a late fee. If you pay your rent late, and the landlord does not charge you the late fee, that doesn't mean you don't owe it.

The lease agreement contained a clause titled ?NO WAIVER,? which stated: ?The failure of either party, in any one or more instances, to demand strict performance or observance of any of the terms and conditions of the lease or to take advantage of any rights hereunder[] shall not operate or be construed as a waiver of ...

It's important to note that courts in other jurisdictions have held that ?non-waiver? clauses are effective even in the event the lender failed to enforce its contractual right in prior instances.

In contract law, 'waiver' is used to denote the granting of a concession by one party not insisting on the other party's precise performance of its obligations under the contract. It is also where one party gives up its rights to take action or enforce its rights under a contract.

Waiver is defined as follows: When the landlord knows that the tenant is breaching the lease, yet conducts the landlord-tenant relationship in the normal course (for example, accepts rent and otherwise does nothing to object to the violation of the lease), then the court may infer that the owner has waived, or forgiven ...

A ?waiver of notice? in the lease agreement means that if a breach or violation of a lease occurs, that tenant has given up (waived) their right to receive notification of the violation, and allows the landlord to begin the eviction process without providing the tenant without any prior notice or warnings.

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Puerto Rico Waiver of Lease Provision by Owner of Surface of Lands