Massachusetts Indemnification of Lessor

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US-OG-801
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This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Massachusetts Indemnification of Lessor is a legal term that refers to the protection of a lessor or landlord from financial loss or damage that may occur as a result of actions taken by the lessee or tenant. When it comes to leasing property in Massachusetts, it is important for lessors to understand the concept of indemnification and how it can safeguard their interests. Indemnification of Lessor typically involves the lessee assuming responsibility for any liability, costs, or damages that may arise during the course of the lease agreement. By indemnifying the lessor, the lessee essentially agrees to compensate the lessor for any losses incurred due to their actions, negligence, or breach of contract. In Massachusetts, there are different types of indemnification clauses that lessors may include in their lease agreements to protect themselves: 1. Broad Form Indemnification: This type of indemnification clause places the burden of responsibility entirely on the lessee, even in cases where the lessor may have contributed to the loss or damage. It offers comprehensive protection to the lessor, but it is important to ensure that the clause is drafted clearly to avoid any ambiguities or disputes. 2. Limited Form Indemnification: In this scenario, the lessee's indemnification responsibility is limited to losses or damages caused solely by their actions or negligence, excluding any fault on the part of the lessor. This can provide a more balanced approach, ensuring that the lessor is only indemnified for losses directly caused by the lessee. 3. Reciprocal Indemnification: This type of indemnification clause requires both the lessor and the lessee to indemnify each other against any loss, damage, or liabilities arising out of their respective actions. It promotes fairness and protects the interests of both parties, ensuring shared responsibility for any issues that may arise during the lease term. 4. No Indemnification: While less common, some lease agreements in Massachusetts may exclude any indemnification clauses altogether. In such cases, the lessor assumes all risks and losses, regardless of their cause. However, this can leave the lessor vulnerable to potential financial burdens and limit their ability to seek compensation for damages caused by the lessee. It is crucial for lessors and lessees in Massachusetts to carefully review and negotiate the indemnification clauses in their lease agreements to ensure a fair and balanced distribution of liabilities. Seeking legal advice is recommended to ensure that the clauses are drafted properly, taking into account the specific circumstances and requirements of the lease.

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Landlord shall indemnify, defend, protect, and hold harmless Tenant and the Tenant's Parties from and against any and all loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys' fees) incurred in connection with or arising from (1)the negligence or misconduct of ...

However, the landlord can deduct from the full amount for: Any unpaid rent which has not been withheld validly or deducted in ance with the law. Any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease.

The landlord is given five days from the date of notice to begin repairs or to contract for outside services and 14 days to substantially complete all necessary repairs. (The inspecting agency or court may shorten this time frame.)

Reasonable Wear and Tear Gives Lots of Damage a Pass Massachusetts security deposit law has a standard for deductions. You can only deduct for things that are beyond reasonable wear and tear. This means that a carpet stain for a renter who lived in the unit for several years might be considered normal.

The law says landlords: May only charge for the first and last month's rent, a new lock and key, and a security deposit when you first move in. May not ask for a security deposit that is more than your 1st month's rent. May not charge other fees, like pet fees, cleaning fees, and application fees.

Landlords and state laws determine what damages are considered normal. Landlords should send tenants an itemized list of the damage(s) and repair costs if they keep a portion of the security deposit. The money deducted from the security deposit should only cover repair costs.

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Commercial landlords may include exculpation and indemnification for property loss caused by their negligence, but the clause will be void if the landlord ... When you change a lease—either by adding or removing words—make sure that both you and your landlord write your initials next to each change. A landlord may be ...Nov 1, 2012 — In the initial review of a claim, it is important to examine any contract documents to see if your defendant or insured may have a right to ... May 18, 2010 — In the first provision, the tenant agreed to indemnify the landlord for personal injuries arising out of the use of the premises by the ... Any provision of a lease or other rental agreement relating to real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the ... A landlord must then file a civil action (Summary Process) in court, and obtain a judgment from the court that specifies the date that the tenant must leave ... Oct 31, 2023 — Specifies prohibited acts by landlords in the areas of conditions, notices, rental agreements, security deposits, evictions, and more. An indemnity agreement is a promise to hold another party harmless when that party suffers some injury, legal harm, or financial harm. Indemnity agreements ... Read Section 186:15 - Provisions of lease or rental agreement pertaining to non-liability of landlord, Mass ... in or filling in forms. You can set your browser ... “The first clause of this indemnity provision unambiguously applies to any loss occurring on the premises unless caused by the lessor. Since the entrance to the ...

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Massachusetts Indemnification of Lessor