Is the Camphill Ghent, Inc. lease UNCONSCIONABLE?

An "Unconscionable Lease" is one which is "grossly unjust or unfair"

and "one party benefits from the exploitation of another."

Here are some things to consider about the Camphill Ghent, Inc. Lease shown below. We do not know if you will be presented with such a lease or not.  However, you should ask if the lease you are being asked to sign:

• The Lease contract offers NO long-term protection for you, the tenant. The contract is only a one-year lease... you must renew on an annual basis. This means the landlord may change the lease next year.
• This contract does not guarantee that the Landlord will renew the lease and allow you to stay more than one year.
• The Landlord can terminate the lease with only 30-days written notice.  If they do so, they are only obligated to consider refunding any remaining buy-in monies LESS expenses or costs of repairs they deem necessary.
• The lease does not require the landlord to repair any defective systems such as air conditioning, telephone or septic. For example, in 2012, the Landlord DID NOT PROVIDE, NOR WERE THEY REQUIRED BY THE LEASE AGREEMENT to provide: air conditioning which adequately cooled the co-house apartments or telephones that worked reliably.
  
• Are you on a fixed income? Annual rent increases have been 6% but may go higher to cover debts and repairs. 
• You do not "own" a specific townhouse or apartment. You may be moved. If you do move, or leave, you will not be reimbursed for any upgrades you may have made.  As a matter of fact, you can be charged to un-do the modifications the landlord agreed to let you make.
• ABSENT FROM THE CAMPHILL GHENT, INC. LEASE ARE ITEMS WHICH PROTECT THE TENANT'S RIGHTS AND SAFETY:
• The Lease does not require the Landlord to follow normal Landlord/Tenant protocols of conducting a mutually attended "walk through" inspection of the apartment or townhome with written notice of defects.
• The Lease only requires Tenant to acknowledge that there is a Fire Detector in the townhome or apartment.  There are no requirements that the Landlord test the Fire Detector on a regular basis or teach the Tenant how to do so themselves.
  
• If you have a conflict, the Landlord may refuse to meet with you to even discuss the situation.  This is called DELIBERATE INACTION and it has been a practice of the Board of Directors and Management of Camphill Ghent during the 2013 departures.
  

Should you sign a lease knowing that rents will likely go up next year... and the Landlord will not tell you in advance how much rents will rise over the next 5-years?

IS THE CAMPHILL GHENT, INC. LEASE UNCONSCIONABLE?  ASK YOUR ATTORNEY.

You should read any document Camphill Ghent, Inc. - or any Landlord - gives you very closely and have an experienced and trusted legal or financial advisor go over the lease BEFORE you sign.

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