Signing Tenancy Agreement No Capacity

While the Obergericht rightly objected to LA`s argument that a written lease was necessary, the most important observation was: “33. The decisions before QR at this stage, if she has the capacity, are: iv) The purpose and conditions of the lease they offer with 24 hours of assistance, so that she can take her medication and obtain her mental health in law, is a rental contract assumed by someone whose lack of capacity is known by the lessor, “nullity”. The person has the same rights as any other tenant and the same obligations, unless the tenancy agreement is cancelled. Only the tenant or someone who acts on behalf of the tenant with the legal authority (a lawyer or a person/substitute appointed by the protection court) can cancel a tenancy agreement by showing that the tenant was not in a position to make the decision at the time of the registration of the lease and that the agreement was not in his best interest, if the tenancy agreement was cancelled, the tenant is no longer bound by the contractual terms. The dumping of a lease because of the lack of capacity is therefore possible under the law, but it is rare for a tenant or his lawyer, the person/assistant, who are appointed by the court, to do so, unless they wanted to terminate the agreement because, if they did, they would not have the right to remain in the property and, in practice, they would simply be terminated. Therefore, it is unlikely that the fact that the lease is cancelled will have practical effects if the tenant receives adequate assistance to manage his lease. They are entitled to the housing allowance to pay their rent in the usual way, regardless of their capacity. I see no problem if someone who does not have capacity enters into a lease agreement and then accepts a profession because there is an action that shows the approval of the lease. (i) she will have to give up the lease of her apartment.

The authorities mentioned above do not indicate that an appointment of the Court or other legal authority is necessary to allow one party to make another party liable under an agreement if the other party is unable to bear the responsibility of another party. In paragraph 6 of paragraph 6, Mark J.A. is not authoritative in saying that the parents can attach it only to the authority of the Court.