Safe Occupancy Clause

State:
Multi-State
Control #:
US-OL3042
Format:
Word; 
PDF
Instant download

Description

This office lease clause states that the landlord warrants and represents that the building and premises are suitable for the safe and healthy occupancy by the tenant, its employees, agents, invitees and visitors. Under this clause the landlord is obligation to maintain this condition of the building and premises.

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FAQ

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.

What is a Long-Term Guest? Any person who stays at your property that is not listed on the lease agreement is considered a guest of your tenant. A temporary guest transitions into a long-term guest when they take up residence on your property without permission from a manager or owner.

Names of all tenants. Limits on occupancy. Term of the tenancy. Rent. Deposits and fees. Repairs and maintenance. Entry to rental property. Restrictions on tenant illegal activity.

Lease contract. Rental Agreement. Contract of Sale. Statutory declaration from the New Occupant and a utility bill (e.g. rates, power, water) Statutory declaration from the property owner and the rent receipt from the new occupant.

Yes, someone can live with the tenant without being on the lease. However, it is important to distinguish the difference between a guest and a long-term guest.

If the structure is unstable or there is a severe problem with damp in the property, it may be deemed uninhabitable.If the layout is unsafe, if there isn't enough natural light, or if there is not enough ventilation, the problem may be uninhabitable.

What is the Law? In California, there is no legal definition for unsafe living conditions. Generally, the rule of thumb is that if your living environment affects your health or safety, then it can be considered an unsafe living condition.

Any guest residing on the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant. Anyone living on the property must be listed and sign the lease agreement.

A guest who won't leave is technically a trespasser -- unless, that is, the police think he's a tenant. This situation can quickly become complicated. Houseguests who have overstayed their welcomes are technically trespassing, which is a crime.

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Safe Occupancy Clause