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PDF Editor FAQ

When a tenant gives a notice of termination before the end of term, but after agreeing to renew the lease term, can I force the tenants’ rent?

Did they agree to renew in writing?If they did, then they’ve already renewed. Otherwise, what you have is a tentative agreement to renew — at best — and it’s not legally binding. It’s a memorandum/letter/verbal understanding.If they’ve given the legally required notice prior to the end of their tenancy — e.g. 30 days before the end of the lease, in most jurisdictions — then they’ve satisfied the letter of the law. If the existing lease allows for this, then they’ve also satisfied the letter of the contract.No, you can not force the tenants rent.If you have a lease, you can force the tenants rent. If by force, you mean “go to court, get a judgement, and then have an amazingly hard time collecting against the judgement, without extreme measures”.

What is the significance of a registered office address?

Significance of Registered Office : - Following points from Companies Act will highlight the significance of Registered Office of a Company.(1) Every company has to mandatorily mention the state in which its registered office is situated, in to its “Memorandum of Association” one of the incorporation document.(2) Companies Act needs to have a registered Office of every company since its beginning of the business or from the 30th day after the date of its incorporation.(3) Every notice and Communication served on the registered office of the company will be treated as served in the company.(4) Every company needs to affix the registered office address at outside of each and every place where its business is carried on , even every letter or communication should printed with the registered office address.Hardship in the Procedure to Change the Registered Office:- The hardship in Procedure to Change the registered Office will depend upon whether the change is· within same city· from one city to another· from one city to another city within a state, but between the jurisdictions of two ROC offices· one state to anotherAs it seems by the classes itself change within the same city will be easier one and will take minimum time (even it may change in 3 to 4 days, if property papers or lease agreement or NOC to use the place in the name of company) and it will need minimum procedures to be followed as compared to change in other cases. Similarly change from One State to Other will take maximum period (From 45 days to 60 days) and it will need to maximum procedures to be followed as compared to others.However in all the cases, Form 18 (Form INC -22, as per New Companies Act and Rules) is to be filed with ROC within 30 days of the change to inform the ROC change about such.Hope my answer helps

The mortgage document should always be recorded. True or False?

It almost always makes more sense, but NOT always. It also depends if you are on a race system, notice system or race-notice system I believe. I'm not an attorney. I'm a real estate expert and can only speak from my personal experience and observations of my clients transactions over the years.Sometimes in an "assumption" or a "subject to," mortgage takeover/assumption, I have seen attorneys advise their client to record only a "memorandum of lease" to NOT potentially trigger any "due on sale" provision. The way it was explained to me was, there was a willing buyer and seller with full knowledge of the terms and implications, and that in fact should a due on sale provision action be brought, the courts may look upon the deal as the lender not being at any more risk than they otherwise might be with the original note holder, and as a matter of fact, one attorney indicated the lender may be even more protected with the original seller AND the new qualified buyer on the hook for the same mortgage.Rates are so low today, that's generally not a problem, but they were not always so low. There are also certain instances for tax reasons where one may not want to trigger tax implications for a term, or want to defer the sale over until the next year and I have seen "leases with option agreements" used as interim finance instruments really for that purpose.One attorney I knew seemed to be a master at taking different types of lease, option and purchase instruments that he had seen used in commercial real estate and introducing and re-purposing them for residential real estate. he was a brilliant guy.

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