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What Can We Learn From Sex Clauses in Leases?

It happened in Las Vegas, where a lot of other things happen…that stay there, apparently.  Candy Torres sued her former landlord, real estate broker and property manager, Allan Rothstein, for violations of the federal Fair Housing Act, wrongful eviction, sexual harassment and deceptive trade practices.

It’s alleged that Rothstein, when finding Torres an apartment as part of the government housing program, insisted that she sign a sex contract, or potentially lose her housing status.  In a bind, Torres signed the contract that included a clause requiring Torres to “not currently have a boyfriend/girlfriend/parent who is larger, meaner, and more physically aggressive, owns firearms and/or is more possessive than [Rothstein].”  LOL 

Another contract term had Torres swear that she was not signing “under the influence of an incapacitating intoxicant, aphrodisiacs, or psychoactive substances, including but not limited to, alcohol, drugs, oysters, Bremelanotide, truffles, sea cucumber, strawberries, lobster, dark chocolate, Cocaine, LSD, cannabis or any other mind-altering chemical or substance, nor have they been given the same by [Rothstein].” I’ve never heard of anyone being under the influence of strawberries, and where can I get ‘em?

So, what can we learn about these sex lease clauses?

We can learn that just because something has been signed does not mean it’s enforceable. There are a variety of things that would invalidate a signed contract.  Any agreement that is against the law or public policy is not binding, even if it’s signed.  

As to Rothstein, his licenses have since been revoked and he was fined $94K, after a Nevada Real Estate Division investigation found he listed a fake address for his brokerage firm and made repeated unwanted sexual advances towards Torres.  The case is Federal Court has been delayed due to his bankruptcy filing. 

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