Have you ever come across the phrase «now this rental agreement witnesseth as follows» in a rental agreement document? If so, you might have wondered why lawyers and legal professionals include it in their contracts.
The phrase «now this rental agreement witnesseth as follows» is a traditional and formal way to begin a legal document. It is called a witness test and is used to show that the document has been signed and witnessed by the parties involved.
In simpler terms, the witness test means that the parties signing the agreement are acknowledging that they understand the contents of the agreement, have agreed to its terms, and have signed it in front of witnesses who will also attest to its authenticity.
However, with the advent of modern technology and the digital era, the witness test has become somewhat outdated. Nowadays, contracts are often signed electronically, which means that there are no witnesses present to attest to the authenticity of the agreement.
This is why many legal professionals have opted to use more modern and simplified ways to begin their rental agreements. Instead of using the traditional phrase «now this rental agreement witnesseth as follows,» they use more straightforward and concise language to begin the document.
For example, a rental agreement may simply begin with a statement such as «This Rental Agreement is made and entered into on [date] by and between [Landlord] and [Tenant].» This more modern approach still conveys the same message as the witness test, but in a simpler and more concise way.
In conclusion, while «now this rental agreement witnesseth as follows» may have been the standard way to begin legal documents in the past, times have changed. As a professional, it is important to keep up with the times and ensure that the language used in rental agreements is as clear and concise as possible, without sacrificing the legal requirements of the document.
