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Rent Abatement Clause Providing for a Landlord Remedy and Damages

State:
Multi-State
Control #:
US-OL4021
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Word; 
PDF
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Description Abatement Clause

This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.

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FAQ

If your tenant has caused damages, here are a few points2026 Landlord's right: Of course, you have the right to claim against any damages caused by your tenant (not to be confused with wear and tear). Tenancy Deposit: the deposit is there to be used against damages.

Primary tabs. The duty of someone who was wronged to make reasonable efforts to limit the resulting harm. A duty to mitigate can apply to the victim of a tort or a breach of contract. Neglecting a duty to mitigate precludes the recovery of damages that could have been avoided through reasonable efforts.

Your landlord is required by California law to try and find a new tenant to replace you if you move out early. Yes, California landlords are supposed to to mitigate damages if you move out before your lease is up.This includes advertising and showing the listing and making their best effort to find a new tenant.

A rent abatement is a monetary award expressed in terms of a portion of past or future rent. It may be a lump sum payment the landlord is ordered to pay the tenant which effectively orders the landlord to give back part of the rent paid.

Abated rent Sometimes referred to as free rent, abated rent is typically offered during the first few months of a lease. This allows businesses to set aside funds for moving expenses and other upfront costs without having to worry about monthly rent payments.

Rent abatement allows a business tenant to withhold rent payments to their landlord. If the property is unusable, the Tenant may make a rent abatement request. Sometimes called free rent, rent abatement allows a business to conserve cash.

You divide the entire abatement over the entire lease term and then adjust rent expense or rent revenue accounts. In this way, the total rent expense or revenue decrease pro-rata.

This includes keeping the property clean, safe and habitable. The landlord must adhere to all building codes, perform necessary repairs, maintain common areas, keep all vital services, such as plumbing, electricity, and heat, in good working order, must provide proper trash receptacles and must supply running water.

Mitigation is when a landlord lessens the amount of money that a tenant owes (mitigation technically means "reducing the severity"), by taking normal/reasonable steps to allow another prospective tenant to rent the property under similar lease terms.

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Rent Abatement Clause Providing for a Landlord Remedy and Damages