New York Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure
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How to fill out Waiver Of Lease Provision By Lessor Who Owns Surface, Prohibiting Drilling Within Specified Distance Of Structure?
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FAQ
Any lease provision that is meant to waive one of the non-waivable rights is void and unenforceable.
You can waive this notice in writing. Such an agreement is often called a ?Waiver of Notice to Quit.? For failure to pay rent, 10 days' notice is required. (For other lease violations, the notice must be 15 days for leases of less than a year and 30 days for leases of more than a year.)
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.
- Lessor -The owner of the minerals that grants the lease. - Lessee -The oil and gas developer that takes the lease. - Primary Term-Length of time the Lessee has to establish production by drilling a well on the lands subject to the lease. Generally, primary terms run from one to ten years.
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 ?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.
