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District of Columbia Standard Provision Used When Delivery of the Premises Is Delayed

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This office lease form describes the provision used when under certain circumstances, the landlord is unable to give possession of the demised premises on the date of the commencement of the term.

Title: District of Columbia Standard Provisions for Delayed Delivery of Premises: A Comprehensive Overview Introduction: In the District of Columbia, standard provisions are employed to address situations where the delivery of premises (property) is delayed, often written into lease agreements or contracts. These provisions aim to protect both parties involved, providing guidelines and procedures to handle unforeseen circumstances that may result in delays. This article will delve into the various types of District of Columbia Standard Provisions used when delivery of the premises is delayed, offering a detailed description of each. 1. District of Columbia Delayed Delivery Provision for Commercial Leases: For commercial leases, this standard provision covers scenarios where the property fails to be delivered by the stipulated date. It details the obligations of both the lessor (property owner) and lessee (tenant) regarding the delay, including possible remedies, termination rights, and compensation. 2. District of Columbia Delayed Delivery Provision for Residential Leases: Residential lease agreements also incorporate provisions for delayed delivery. These provisions outline the rights and responsibilities of both tenants and landlords in the event of non-delivery of the premises on the agreed-upon date. They may cover issues such as extending the lease term, prorated rent adjustments, alternative housing arrangements, or termination rights for either party. 3. District of Columbia Delayed Delivery Provision for Real Estate Purchases: For real estate purchase contracts, delayed delivery provisions offer guidance when the seller is unable to deliver the premises within the agreed-upon timeframe. Addressing the buyer's concerns, these provisions usually set conditions for either extending the delivery date, granting compensation, or providing termination options for the buyer. Key Considerations and Keywords: a) Force Mature Clause: District of Columbia provisions often contain a force majeure clause, which relieves parties from liability when unforeseen events beyond their control occur, leading to delayed delivery. Examples include natural disasters, government actions, or acts of war. b) Notice Requirements: These provisions typically necessitate one party to give written notice to the other party regarding the delay promptly. Failure to provide adequate notice may impact the rights and remedies available to the affected party. c) Remedies: District of Columbia standard provisions offer various remedies for parties affected by delayed delivery. These may include rent abatement, payment of liquidated damages, rental adjustments, termination rights, or negotiations for alternative accommodations. Conclusion: In the District of Columbia, there are specific standard provisions in place to address the issue of delayed delivery of premises in different types of agreements. These provisions aim to provide a fair and balanced framework, ensuring that both parties are protected while guiding them through unforeseen delays. Understanding these provisions is crucial for landlords, tenants, buyers, and sellers, enabling effective resolution and minimizing potential disputes.

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FAQ

The implied warranty of habitability is implicit in all residential rental agreements and cannot be waived by either the landlord or the tenant.

In the event that a unit is rendered uninhabitable and repairs are not made as provided for in § 5758, the Project Owner shall abate the tenant's total tenant payment in proportion to the seriousness of the damage and loss in value as a dwelling.

The landlord must ensure that the rental unit and all common areas are safe and sanitary as of the first day of the tenancy. This is known as the warranty of habitability. This warranty is implied into every lease in the District, and is also explicitly required by District regulations.

The rent control law is the Rental Housing Act of 1985 (DC Law 6-10) as amended (the Act), which is codified at DC Official Code § 42-3501.01 et seq. Under the Act, an apartment building or apartment complex is called a housing accommodation, and a single apartment or house is called a rental unit.

All landlords must avoid increasing the rent during the lease term (unless the lease agreement allows for it), out of discrimination of district or federally-protected classes, or in retaliation. Landlords must give 30 days' notice before any rent increase.

The warranty of habitability is, in effect, your landlord's guarantee that the premises you rent are safe enough to live in. A landlord cannot make a tenant waive (give up) this warranty, even in exchange for lower rent. The warranty applies to all residential rent- als.

Authorized fees for the payment of rent beyond 5 days after the rent payment is due. "(a) Pursuant to subsection (b) of this section, a housing provider may charge a late fee of no more than 5% of the full amount of rent due by a tenant.

Entire property must be reasonably free of debris, garbage, and pests. Garbage receptacles must be made available to all tenants, and the landlord must arrange for a appropriate trash collection and disposal schedule. Floors, stairs, and railings must be kept in stable condition to prevent failures.

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District of Columbia Standard Provision Used When Delivery of the Premises Is Delayed