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Posted by Suk-Bin Lim on September 13, 1999 at 20:31:16:

In Reply to: Re: cancellation of lease contract: MA posted by Anna on September 12, 1999 at 23:59:29:

I really appreciate for your comments.
Please see below one more time and be kind to give your comment again.

The contents of the lease that I think the landlord is going to apply to my case is as below.
The form says this contract form is adopted by the rental housing association of the greater Boston real estate board and was made in 1978.

There is no explanation for the definition of what " the default of the Lessee " is.
Also my English is not enough to understand the meaning of these contents
(Actually I've been here only for two years).

LESSEE'S COVENANTS IN EVENT OF TERMINATION

The Lessee covenants that in case of any termination of this lease, by reason of the default of the Lessee, then at the option of Lessor:

(A) the Lessee will forthwith pay to the Lessor as damages hereunder a sum equal to
the amount by which the rent and other payments called for hereunder for the
remainder of the term or any extension or renewal thereof exceeds the fair rental
value of said premises for the remainder of the term or any extension or renewal
thereof; and

(B) the Lessee covenants that he will furthermore indemnify the Lessor from and
against any loss and damage sustained by reason of any termination caused by
the default of, or the breach by, the Lessee. Lessor's damages hereunder shall
include, but shall not be limited to any loss of rents; reasonable broker's
commissions for the re-letting of the leased premises; advertising costs, the cost
incurred in cleaning and repainting the premises in order to re-let the same; and
moving and storage charges incurred by Lessor in moving Lessee's belongings
pursuant to eviction proceedings.

(C) At the option of Lessor, however, Lessor's cause of action under this article shall
Accrue when a new tenancy or lease term first commences subsequent to a
Termination under this lease, in which event Lessor's damages shall be limited to
Any and all damages sustained by him prior to said new tenancy or lease date.

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Comments:
: I really appreciate for your comments.
: Please see below one more time and be kind to give your comment again.

: The contents of the lease that I think the landlord is going to apply to my case is as below.
: The form says this contract form is adopted by the rental housing association of the greater Boston real estate board and was made in 1978.  

: There is no explanation for the definition of what " the default of the Lessee " is. 
: Also my English is not enough to understand the meaning of these contents
: (Actually I've been here only for two years).

: 
: LESSEE'S COVENANTS IN EVENT OF TERMINATION

: The Lessee covenants that in case of any termination of this lease, by reason of the default of the Lessee, then at the option of Lessor:

: (A) the Lessee will forthwith pay to the Lessor as damages hereunder a sum equal to 
: the amount by which the rent and other payments called for hereunder for the 
: remainder of the term or any extension or renewal thereof exceeds the fair rental
: value of said premises for the remainder of the term or any extension or renewal
: thereof; and

: (B) the Lessee covenants that he will furthermore indemnify the Lessor from and 
: against any loss and damage sustained by reason of any termination caused by
: the default of, or the breach by, the Lessee.  Lessor's damages hereunder shall
: include, but shall not be limited to any loss of rents; reasonable broker's
: commissions for the re-letting of the leased premises; advertising costs, the cost
: incurred in cleaning and repainting the premises in order to re-let the same; and
: moving and storage charges incurred by Lessor in moving Lessee's belongings
: pursuant to eviction proceedings.

: (C) At the option of Lessor, however, Lessor's cause of action under this article shall 
: Accrue when a new tenancy or lease term first commences subsequent to a 
: Termination under this lease, in which event Lessor's damages shall be limited to
: Any and all damages sustained by him prior to said new tenancy or lease date.


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