Real-Estate Lease Agreement Obligation to Repair Clause
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A Real-Estate Lease Agreement Obligation to Repair Clause is a real-estate lease agreement clause that represents a duty to repair a leased property damage caused by casualty events.
- AKA: Landlord's Obligation to Repair Clause.
- Context:
- It can include:
- (typically) an Obligation Provision, which mandates the repair responsibilities of the lessor for damages caused by specific events, defining both the nature and scope of the obligation.
- (typically) a Coverage Provision, defining the extent of damage covered under the obligation, including specific types of damages or causes such as natural disasters, accidents, and acts of vandalism.
- (typically) a Standards and Procedures Provision, specifying the standards for repairs (e.g., to original or to a certain agreed condition) and the procedures for reporting damage, assessing repairs, and completing the work.
- (often) a Timeline Provision, detailing the timeframe within which repairs must be initiated and completed to minimize inconvenience to the lessee.
- (often) a Financial Responsibility Provision, outlining who bears the cost of repairs and under what circumstances, including details on insurance claims and deductibles.
- (sometimes) a Lessee Relocation Provision, detailing conditions under which the lessee may be relocated to another property or area within the property during repairs.
- (sometimes) a Compliance and Enforcement Provision, detailing the consequences for the lessor's failure to comply with the obligation to repair, including potential legal remedies or lease termination rights for the lessee.
- ...
- It can include:
- Example(s):
- a Routine Maintenance and General Repairs Clause (in a General Repairs and Maintenance Article), which assigns responsibility for upkeep to ensure safe, functional premises.
- a Casualty Damage Repair and Restoration Obligations Clause (in a Casualty Damage Article), which dictates repair duties post-casualty for lease continuity and safety.
- a Structural Integrity and Systems Repair Clause (in a Structural and Major Systems Repairs Article), which ensures building safety and compliance through mandatory repairs.
- a Legal Compliance and Repairs Clause (in a Compliance with Laws Article), which requires adherence to current laws in maintenance and modifications.
- ...
- Counter-Example(s):
- A Leased Property Maintenance Clause that solely obligates the tenant to maintain the interior of the leased premises.
- A Lessor's Liability Limitation Clause which absolves the landlord from all repair responsibilities in cases of natural wear and tear to the property's exterior or infrastructure.
- A Tenant's Modification Rights Clause that permits the tenant to make alterations or improvements without the landlord's consent, thereby shifting some property upkeep responsibilities away from the landlord.
- See: Lease Agreement, Casualty Event, Rent Abatement Clause, Lessor and Lessee Responsibilities, Termination Rights in Lease Agreements, Casualty Clause.