This office lease form describes the provision used when under certain circumstances, the landlord is unable to give possession of the demised premises on the date of the commencement of the term.
When it comes to leasing agreements in Texas, a standard provision known as the "Delayed Delivery of Premises" is often included to address potential issues where the delivery of the premises is delayed for various reasons. This provision ensures that both parties involved are protected and clarifies their rights and obligations in such a situation. The Texas Standard Provision Used When Delivery of the Premises Is Delayed typically outlines the following: 1. Definition of Delayed Delivery: This provision begins by defining what constitutes a delay in the delivery of the premises. It may specify that delays due to construction, repairs, or other unforeseen circumstances beyond the control of the landlord are covered by this provision. 2. Notice Requirements: The provision will state the timeline and method by which the landlord must notify the tenant of the delay. It may require the landlord to provide written notice within a specific number of days from the originally agreed-upon delivery date. 3. Tenant's Remedies: This section explains the potential remedies available to the tenant in case of delayed delivery. It may include options such as extending the lease term by the number of days the premises were delayed, reducing or abating rent for the corresponding period, or even terminating the lease agreement if the delay exceeds a certain threshold. 4. Landlord's Obligations: This part highlights the responsibilities of the landlord in response to the delayed delivery. It may require the landlord to expedite the completion of any ongoing construction or repairs, exert reasonable efforts to minimize the delay, and provide regular updates to the tenant regarding the progress. 5. Force Mature Events: Some lease agreements may include a separate clause within the delayed delivery provision to cover force majeure events. This refers to exceptional circumstances beyond both parties' control, such as acts of God, natural disasters, or governmental actions. Force majeure events may extend the timeframe for the landlord's obligation to deliver the premises without imposing liability on them. It's important to note that the specifics of this provision may vary depending on individual lease agreements or the negotiator's preferences. Different landlords or tenants may have their own preferred variations or modifications to tailor the provision to their circumstances. Additionally, legal advice should be sought when drafting or interpreting these clauses to ensure compliance with Texas law and protect both parties' interests.
