This Lease Agreement: The Importance of Clear Language in Legal Documents
As a professional, I understand the importance of clarity and precision in language. Nowhere is this more important than in legal documents, such as lease agreements. The first sentence of a lease agreement is particularly crucial, as it sets the tone for the entire document and establishes the parties involved. One common approach to this sentence is to include a phrase like « this lease agreement (hereinafter referred to as the agreement) made and entered into this… » But is this the best way to begin a lease agreement?
On one hand, including the phrase « hereinafter referred to as the agreement » can help to clarify that the document being referred to is indeed the lease agreement, and not some other agreement that might be mentioned later on. It can also be helpful for reference purposes if there are multiple agreements involved in the transaction. However, this phrase can also be superfluous and confusing, especially if the agreement is relatively short or straightforward. For example, a lease agreement for a small apartment might only be a few pages long, and including the phrase « hereinafter referred to as the agreement » might be overkill.
Another issue with this phrase is that it can make the language of the lease agreement seem unnecessarily formal or stilted. Many lease agreements are written in legalistic language that can be difficult for non-lawyers to understand, and starting with a phrase like « hereinafter referred to as the agreement » can add to that confusion. The goal of a lease agreement should be to clearly communicate the terms of the agreement to all parties involved, not to sound impressive or intimidating.
So what should a lease agreement include in its opening sentence instead? The most important elements are the names of the parties involved and the date of the agreement. For example, a simple and effective opening sentence for a lease agreement might read: « This Lease Agreement is made and entered into by and between [Landlord`s Name], hereinafter referred to as `Landlord,` and [Tenant`s Name], hereinafter referred to as `Tenant,` on [Date]. » This sentence clearly identifies the parties involved and the date of the agreement, without any unnecessary verbiage or formal language. It gets straight to the point and sets a clear tone for the rest of the document.
In summary, while including the phrase « hereinafter referred to as the agreement » can be a helpful way to clarify the document being referred to, it can also be confusing and overly formal in some contexts. It`s important to consider the audience and purpose of the lease agreement when deciding on the most appropriate language for the opening sentence. Ultimately, clarity and precision should be the guiding principles, and unnecessary language should be avoided. By starting with a clear and straightforward sentence that identifies the parties and date of the agreement, a lease agreement can set the stage for a successful and mutually beneficial transaction.