This office lease form addresses the rights and responsibilities of the landlord and tenant in the case of condemnation. It covers the use of a critical path analysis and disputes arising with respect to it, the right to cancel the lease, the time frame for making repairs to the premises, and the landlord's option to restore the premises.
Landlord and Tenant Rights and Responsibilities in the Case of Condemnation
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Multi-State
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US-OL11015B
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FAQ
Under section 11 of the Landlord and Tenant Act 1985, the landlord is responsible to: keep the structure and exterior of the property in good repair, including drains, gutters and external pipes. keep installations for the supply of water, gas, electricity and sanitation in good repair and proper working order.
Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
In a total condemnation the lease is terminated as soon as the condemning party takes possession of the property. This occurs because there is no longer any property to lease. In a partial condemnation, typically both the landlord and the tenant have the option to terminate the lease, usually with 30 days notice.
In California, habitability includes the following specific warranties: A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following: Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
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Typically, a condemnation clause permits a landlord or a tenant to either terminate the lease or abate the rent in the event of a government "taking" of the leased property.First, the government's action must have a severe economic impact on the premises.
Health Issues When the environment in a unit becomes hazardous to one's health, the rental is considered to be uninhabitable.Other health risks such as mold and asbestos can make a unit uninhabitable, by causing respiratory problems and serious illnesses.
When a home is condemned, the owner (and tenants, if any) are notified in writing that the building must be vacated. A sign is attached to the building stating that the dwelling is not fit for human habitation, and that it cannot be occupied.The owner of the building may be ordered to repair or demolish the building.
Complying with all state and local health and building codes. Maintaining structural components and a reasonably weather-protected unit. Providing the necessary heat, electric, and hot and cold water facilities. Making any requested repairs promptly.
