change something established from

sophiasophie

Senior Member
Chinese
Hi,

The following sentences appears in a lease contract, where the owner leases his/her unit to a rental manager, which will manage the unit as a holiday accommodation. Actually the unit is a part of a hotel.

Sentence 1: The Landlord agrees not to alter in any way the design, appearance or other contents of the Unit established from the design, appearance or other contents established by the Tenant from time to time.

Does “established from” mean "established based on"? If not, does the sentence mean the Landlord shall not change the design, appearance or other contents to make them different from those established by the Tenant from time to time?


And, the following appears in a related agreement:

Sentence 2: The Landlord agrees not to alter in any way the design, appearance or other contents of the Unit from the design, appearance or other contents established by the Tenant from time to time.

In Sentence 2, “established from” is changed to "from". Does Sentence 2 have the same meaning as Sentence 1?

Thanks!
 
Last edited:
  • Andygc

    Senior Member
    British English
    Are you sure this lease is written in English and is not a poor translation from another language? Have you copied the text correctly - "apperance"? The phrase you are asking about makes no sense - I find it hard to believe any legal document written in English would use the language so badly. This is also true of other extracts you have quoted in other questions.
     

    sophiasophie

    Senior Member
    Chinese
    Are you sure this lease is written in English and is not a poor translation from another language? Have you copied the text correctly - "apperance"? The phrase you are asking about makes no sense - I find it hard to believe any legal document written in English would use the language so badly. This is also true of other extracts you have quoted in other questions.
    Sorry for the spelling mistakes. As it is a PDF document, I have to type the sentences myself, hence the mistakes.

    I am sure it is originally written in English, because the lease is provided by a Florida-based company, and, other than the sentences I don't understand, as I have quoted in the forum, other sentences seem to be well written, in my opinion……
     

    sophiasophie

    Senior Member
    Chinese
    Are you sure this lease is written in English and is not a poor translation from another language? Have you copied the text correctly - "apperance"? The phrase you are asking about makes no sense - I find it hard to believe any legal document written in English would use the language so badly. This is also true of other extracts you have quoted in other questions.
    More context:

    Below are the sentences before the sentences I posted above:

    Tenant intends to market the rental of the Unit as part of a consistent, high quality resort experience. Landlord understands that uniformity in the appearance and contents of the units participating in the Tenant’s rental program is essential to the marketing and rental of the Unit by Tenant.
     

    Andygc

    Senior Member
    British English
    Yes, I'd call that badly written, just as
    and perform routine maintenance and minor repairs, such as touch up paint and guest service type calls.
    is also badly written. But I can accept that it was badly written by an English speaker.

    I think that the sentence you quote is intended to mean "The Landlord agrees not to alter in any way the design, appearance or contents of the Unit". The use of "other" is wrong because design and appearance are not contents. Everything after "Unit" adds nothing to the meaning. However, if the excess words must stay, your amendment - "... of the Unit from the design ..." is right.
     

    sophiasophie

    Senior Member
    Chinese
    Yes, I'd call that badly written, just as
    is also badly written. But I can accept that it was badly written by an English speaker.

    I think that the sentence you quote is intended to mean "The Landlord agrees not to alter in any way the design, appearance or contents of the Unit". The use of "other" is wrong because design and appearance are not contents. Everything after "Unit" adds nothing to the meaning. However, if the excess words must stay, your amendment - "... of the Unit from the design ..." is right.
    As I understand it, actually the Unit is just a part of the hotel, and the Tenant has established the design, appearance and contents for all units, so the Landlord may not change the Unit's design, appearance and contents which are established based on the design, appearance and contents established by the Tenant for all units. (Please refer to the sentences in my last post, which emphasizes consistency among the units)
     

    Andygc

    Senior Member
    British English
    Somewhere in this lease is a definition of Tenant and Landlord. Trying to work out the intended meaning without proper context and background is an uphill struggle. However, the meaning of the sentence is as I said: the Landlord agrees not to alter the appearance of the Unit. Your suggested revision of "establshed from" to "from" is correct.
     
    < Previous | Next >
    Top