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.
Minnesota Standard Provision Used When Delivery of the Premises Is Delayed In Minnesota, there are specific standard provisions that are commonly used when the delivery of leased premises is delayed. These provisions are crucial for protecting the rights and interests of both landlords and tenants in the event of unexpected delays in delivering the premises for occupancy. Understanding these provisions is essential for both parties involved in a lease agreement in Minnesota. The Minnesota standard provisions used when the delivery of the premises is delayed typically include: 1. Force Mature Clause: This clause addresses situations where the delay in delivery is caused by circumstances beyond the control of both parties, such as natural disasters, extreme weather conditions, government actions, or labor strikes. It outlines the rights and obligations of the landlord and tenant during a force majeure event and may provide for an extension of the lease term or the right to terminate the lease. 2. Notice and Cure Period: This provision establishes the timeframe within which the landlord needs to officially notify the tenant about the delay in delivering the premises. It also allows the landlord a reasonable opportunity to cure the delay and set a new delivery date. In case the landlord fails to provide timely notice or does not cure the delay, the tenant may have certain remedies available. 3. Rent Abatement: If there is a delay in delivering the premises, rent abatement provisions specify whether the tenant will be entitled to a reduced rental rate or complete waiver of rent during the delayed period. The specific terms and conditions for rent abatement may vary based on the lease agreement, and it is important for both parties to have a clear understanding of these provisions. 4. Alternative Accommodation: In situations where the delay is significant and the premises cannot be occupied within a reasonable timeframe, this provision allows the tenant to seek alternative accommodation at the expense of the landlord. It outlines the process for reimbursement and any limitations or conditions that need to be met by the tenant when selecting alternative accommodation. 5. Termination Option: In cases where the delay is prolonged or the premises become uninhabitable due to unforeseen circumstances, this provision allows the tenant to terminate the lease agreement without any further obligation. The termination option may come with specific notice requirements and conditions that need to be met for exercising this right. 6. Mitigation of Damages: This provision encourages both parties to mitigate their damages in case of a delay in the delivery of the premises. It outlines the steps that both the landlord and tenant should take to minimize their losses and avoid unnecessary disputes. It is important for both landlords and tenants to carefully review and understand these standard provisions related to delays in delivering the premises. Furthermore, it is also recommended seeking legal advice when negotiating lease agreements to ensure that the rights and obligations of each party are adequately protected.
