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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101014
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Building Lease - Casualty DamageLooking Damage

Customer Question

Building Lease - Casualty Damage
Looking for Casualty Damage wording to protect the tenant should the building become inhabitable or unfit for occupancy resulting from the fault or negligence of the landlord or other building tenant. Rent and "Base Rental" costs to be discontinued during this period.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
This is for a commercial or residential lease?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
This is a commercial lease
Expert:  Ely replied 1 year ago.
Thank you.
Sample clause is below. Please note that this is ONLY AN EXAMPLE.
Should the property which is the subject of the lease agreement herein become UNINHABITABLE, or, UNFIT FOR OCCUPANCY as defined by municipal or county ordinances or state law, and if this situation is due to (1) any direct or indirect action or inaction by landlord or another tenant of the property, (2) failure of the landlord to perform any duties under this lease agreement, and/or (3) negligence on behalf of the landlord or another tenant of the property, then the landlord shall HOLD (tenant's name) harmless and shall indemnify them from any such occurrence, and, for the duration of this occurrence, the lease rate and base rental costs of the lease agreement shall be suspended.
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