Is this legal or not? Help....

[Laigs50]

What is the name of your state? GA
I posted this to keep the other shorter. The lease also says:
"Lessee hereby agrees to indemnify and hold lessor hamless all loss, damage, liability, or expense arising from injury to any person, including the lessee, or damage to any property theron, WEATHER(this is how it is spelled on lease) or not said injury, damage or loss is attributable, in whole or in part ot the neglegence of lessor or his agents, or to the neglegency of third party'

As I said, after all these years and very few places I have lived during them, this is the first lease I have ever been in and it unfortunately is withe the woman from hell. BTW, she came pounding and i mean beating on my door aroung 6:45 pm yesterday, (after she refused to come with the county inspector i notified Monday morning, cursing and raising hell, with her daughter with her that I never had seen before, and they both have a nasty mouth. I find this ironic that she screamed "I want you out of my 'f-in" apartment so I can repair it'...(could not for the time i was here, and threatning i better be out in 7 days...and I told her get me my letter and court work........I will be so glad to be out of this place before it kills me. Ironic tho, she worked for the building ordinace office in the county and was forced out, and knew better about this and was angry that this city came. As I am and have been waiting on a SS hearing for over 1 and a half years, she called and threatened to call the ss on me...and with agoraphobia, among other things, which she has no clue, and told me she was going to get me...all for the last year typed agreement we both made about the rent, and demanded it, what I havent received yet....

sorry this is long. I need to find out about these two clauses. Most of you all have been a blessing to me...God bless you all!

 

[longneck]

the clause means if someone gets hurt or your prperty gets damaged while on the LL's property, you agree to not hold the LL responsible.

it DOES NOT mean that the LL does not have to maintain the property in accordance with the law.

 

[queenofsand]

More than likely this clause isn't enforceable because GA law forbids any clauses that require a tenant to waive certain rights.

44-7-2.

(a) Contracts creating the relationship of landlord and tenant for
any time not exceeding one year may be by parol.

(b) In any contract, lease, license agreement, or similar agreement,
oral or written, for the use or rental of real property as a
dwelling place, a landlord or a tenant may not waive, assign,
transfer, or otherwise avoid any of the rights, duties, or remedies
contained in the following provisions of law:

(1) Code Section 44-7-13, relating to the duties of a landlord as
to repairs and improvements;

(2) Code Section 44-7-14, relating to the liability of a landlord
for failure to repair;

(3) Ordinances adopted pursuant to Code Section 36-61-11;

(4) Article 3 of this chapter, relating to proceedings against
tenants holding over;

(5) Article 4 of this chapter, relating to distress warrants;

(6) Article 2 of this chapter, relating to security deposits; and

(7) Any applicable provision of Chapter 11 of Title 9 which has
not been superseded by this chapter.

(c) A provision for the payment by the tenant of the attorney's fees
of the landlord upon the breach of a rental agreement by the tenant,
which provision is contained in a contract, lease, license
agreement, or similar agreement, oral or written, for the use or
rental of real property as a dwelling place shall be void unless the
provision also provides for the payment by the landlord of the
attorney's fees of the tenant upon the breach of the rental
agreement by the landlord. http://www.rentlist.net/LTlaw.htm

 

[longneck]

on further examination, i would have to agree with queenie.

anybody know is a lease agreement is severable?

 

[Laigs50]

on further examination, i would have to agree with queenie.

anybody know is a lease agreement is severable?

what is 'severable'? I have no clue as I stated prior, I have never been in a lease before.

 

[longneck]

what is 'severable'?

i don't know if this applies to leases, but certain types of contracts are severable, whereby if one clause of the contract is found to be unlawful or unenforceable, then the rest of the contract is still valid.