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: Michigan Standard Provisions for Delayed Delivery of Premises: An In-depth Overview Introduction: In Michigan, addressing the possibility of delayed delivery of premises is crucial to protect the rights and obligations of both landlords and tenants. This article delves into the various standard provisions used in Michigan leases to handle such delays, protecting the interests of all parties involved. 1. The Michigan Landlord-Tenant Relationship: The Michigan Standard Provision Used When Delivery of the Premises Is Delayed reflects the landlord-tenant relationship governed by state laws and regulations. Ensuring fairness and clarity, this provision outlines the rights and responsibilities of both parties when facing delays in delivering the premises. 2. Definition of Delayed Delivery: The provision precisely defines what constitutes a delayed delivery of the premises. It typically states that a delayed delivery occurs when the landlord fails to provide the premises in a habitable condition by the agreed-upon date. 3. Types of Michigan Standard Provisions Used When Delivery of the Premises Is Delayed: a) Tenant's Remedies for Delay: This provision outlines the options available to the tenant when the delivery of the premises is delayed. It may include the right to terminate the lease agreement, demand pro rata rent abatement, or request alternative accommodations until the premises are ready for occupancy. b) Landlord's Obligations and Remedies for Delay: This provision addresses the responsibilities of the landlord when dealing with a delayed delivery. It may outline the landlord's duty to compensate the tenant for any additional expenses incurred due to the delay or communicate updates regarding the anticipated delivery date. c) Force Mature Clause: In some cases, leases include a force majeure clause that covers unforeseen circumstances beyond the control of both parties, such as natural disasters or government-imposed restrictions. This provision helps protect landlords and tenants from liability for delays caused by such events. 4. Notice Requirements: Michigan standard provisions often necessitate the provision of written notice by either party in case of delayed delivery. This notice serves as documentation of the delay and allows parties to initiate necessary actions or negotiations promptly. 5. Mediation or Arbitration: Certain Michigan leases may have provisions that stipulate the use of mediation or arbitration to resolve disputes arising from delayed delivery of premises. Mediation encourages both parties to reach a mutually satisfactory agreement, while arbitration involves a neutral third party making a binding decision. Conclusion: Michigan Standard Provisions Used When Delivery of the Premises Is Delayed play a crucial role in ensuring fair treatment and resolving potential conflicts between landlords and tenants. By clarifying the rights, obligations, and remedies available to both parties, these provisions enable smoother lease transactions, reducing uncertainties and protecting the interests of all involved.
