Consumer Law, Warranties Rights of lesse

[Lewis_Yeager]

First, thanks. I don't have the money for an attorney and this is not important enough to spend it if I had it to get an opinion on this seemingly straight forward question.

In a lease/rent/agreement situation where the lessee has possession and with no verbal or written contract, what right does the lessor have to now place conditions on the use of the product. The lessee has paid in full for the use of the product with a verbal terminus that he surrender the product when he leaves the membership of the lessor's organization.

Thanks to some law student or young attorney for a quick opinion, accurate or not. From my layman's point-of-view, the answer seems obvious but I have learned to check. Thanks again!

 

[mightymoose]

You can change the terms. If he does not agree with the new terms he can return the product.

Someone else can give you more legal reasoning to it... to me it just seems common sense.

 

[dee_dub]

Depending on the original terms of the "lease" and the nature of this product at issue, I may respectfully disagree with Moose. A party can't just go unilaterally changing contractual obligations in midstream. Sooo...

The lessee has paid in full for the use of the product with a verbal terminus that he surrender the product when he leaves the membership of the lessor's organization.

When you say the lessee "paid in full for the use with a verbal terminus", what do you mean? "Verbal terminus" is not a term I'm familiar with. I read this to mean that the lessee paid $X on the understanding that he could use "the product", whatever that might be, with no conditions, until he left membership. I don't know that I'd call that a "lease", but that's a contract that gives him specific rights for a specific time in exchange for a specific price. Well, if that's what the party paid for, and the party hasn't breached the agreement, that's what the party is entitled to.

 

[mightymoose]

I suppose I should have added that changing the terms and causing him to return the property early might reasonably lead to a refund of some amount... depending on what was paid in the first place.

Also, in reading it again...

a lease/rent/agreement situation where the lessee has possession and with no verbal or written contract

If it isn't verbal or written... just what kind of agreement is it?

 

[Lewis_Yeager]

Thanks...you got it right even with my vague description of the issue. Our Lodge leased us special paraphernalia with no verbal or written agreement or any discussed limitations on use. Now they are telling us we can't wear the stuff outside the Lodge without their permission. Their reasoning is that if we wear it and get drunk or something it will reflect on the reputation of the Lodge because people will think my behavior reflects the general behavior of the Lodge since I an wearing its distinctive garb.

 

[Lewis_Yeager]

Thanks...you got it right even with my vague description of the issue. Our Lodge leased us special paraphernalia with no verbal or written agreement or any discussed limitations on use. Now they are telling us we can't wear the stuff outside the Lodge without their permission. Their reasoning is that if we wear it and get drunk or something it will reflect on the reputation of the Lodge because people will think my behavior reflects the general behavior of the Lodge since I an wearing its distinctive garb.

 

[dee_dub]

Our Lodge

What that tells me is that you may have some sort of relationship over and above simply lessor/lessee. Maybe they're not strictly speaking trying to alter the terms of your lease; maybe their imposing (or enforcing) the terms of your membership in the Lodge.

So the answer to your question is, a lessor generally cannot unilaterally change the terms of a lease; but that may not completely resolve your situation. I hazard a guess you'd be better off resolving this through discussion than standing on your strict legal rights.