Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 16

Facts
Jennings and her two children, Matthew, age 11 and Benjamin, age 17, leased an apartment in a subsidized housing complex with very strict rules. Strict rules were required because the rent was low and the amount paid was predicated on the number of people occupying the apartment. The stipulations in the lease allowed Jennings to remain in the complex but only under these conditions: (1) that only she and her two children could live in the apartment; (2) that the landlord must be immediately notified if one or both of the children move out; (3) that she was responsible for the actions of all members of the household, including any criminal activity involving any member of the household. Benjamin was arrested and convicted of robbery at a local grocery store. The incident was reported in the local newspaper. The landlord gave Jennings thirty days notice to vacate the apartment because of a lease violation. She refused to move so the landlord had her evicted. Jennings sued to have her lease reinstated.
At Trial
Jennings introduced evidence that Benjamin had moved away from the apartment complex three months before the robbery occurred. Based on the testimony of two persons in neighboring apartments, the landlord offered evidence that Benjamin had been to the mother's apartment and stayed overnight for two evenings prior to the time that the robbery was committed. The trial court ruled that because Benjamin had stayed in the apartment for the two evenings prior to the robbery, he was considered a member of the household and that Jennings therefore had violated the conditions of the lease. The court further ruled that Jennings had to move from the premises. Jennings appealed the case. She contended that the contents of the lease were unconscionable.
Questions
1. Define the term unconscionable, in terms of a lease.
2. Are the terms of Jennings lease unconscionable? Explain why or why not.