North Carolina Destruction Clause Long Form

State:
Multi-State
Control #:
US-OL11024B
Format:
Word; 
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Description

This office lease clause is the long form for dealing with the destruction of the premises and the conditions and obligations of the landlord to restore and accommodate the tenants.

The North Carolina Destruction Clause Long Form is a legal provision that addresses the effects and consequences of property destruction in the state of North Carolina. This clause is typically included in lease agreements, real estate contracts, or other property-related legal documents to protect the interests of both landlords and tenants in the event of property damage caused by natural disasters, accidents, or other unforeseen events. The purpose of the North Carolina Destruction Clause Long Form is to establish the rights and obligations of the parties involved and outline the appropriate course of action to be taken in case of property destruction. It specifies the process for determining whether the property has been significantly damaged beyond repair and the subsequent actions to be taken by the landlord and tenant. This clause can vary slightly depending on the specific agreement or contract it is included in. Different types or variations of the North Carolina Destruction Clause Long Form include: 1. Standard Destruction Clause: This is the basic version of the clause that outlines the general rights and responsibilities of the parties involved in the event of property destruction. It may include provisions for rent reduction or termination of the lease agreement under specific circumstances. 2. Repair or Replacement Clause: This type of Destruction Clause specifies the course of action to be taken if the property is damaged but can be repaired or replaced. It outlines the process for repair or replacement, the responsibilities of each party, and any financial implications. 3. Termination Clause: This clause stipulates the conditions under which either the landlord or the tenant can terminate the lease agreement following significant property damage. It may include provisions for notice periods, refunds of rent or security deposits, and any applicable penalties. 4. Insurance Requirement Clause: Some variations of the Destruction Clause may include provisions that mandate the tenant to obtain appropriate insurance coverage that protects both parties in the event of property destruction. It may outline the minimum insurance requirements and specify the proof of insurance that the tenant must provide. 5. Force Mature Clause: This type of clause is often included in the Destruction Clause to address situations where property destruction is caused by extraordinary events such as natural disasters, acts of terrorism, or civil unrest. It clarifies the parties' rights and obligations in such events and may exempt them from certain liabilities or obligations outlined in the clause. In conclusion, the North Carolina Destruction Clause Long Form is an essential legal provision that safeguards the interests of landlords and tenants in the event of property destruction. Its purpose is to establish clear guidelines, responsibilities, and courses of action to be taken when dealing with property damage. Different variations of this clause exist to address various scenarios and provide flexibility in addressing property destruction situations.

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FAQ

The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.

Impersonation of a law-enforcement or other public officer. (4) Unlawfully operates a vehicle on a public street, highway, or public vehicular area with an operating blue light as defined in G.S. 20-130.1(c).

After the 10 day appeal period has ended and if the tenant has not vacated the property, you may file a writ of possession to forcefully evict the tenant from the property with the help of a sheriff. The writ is usually executed within 7 days after the writ is issued in NC.

In North Carolina, an eviction case is called ?summary ejectment.? Landlords can file to legally remove a tenant rented property if the tenant has failed to pay rent, violated the lease agreement, or if other conditions apply.

Here are the justified reasons for early lease termination in the state: Active Military Duty. ... Uninhabitable Conditions. ... Domestic or Sexual Violence. ... Early Termination Clause. ... Landlord Harassment or Privacy Violation. ... Mental or Physical Disability. ... Landlord Retaliation.

§ 14-127. Willful and wanton injury to real property. If any person shall willfully and wantonly damage, injure or destroy any real property whatsoever, either of a public or private nature, he shall be guilty of a Class 1 misdemeanor.

A liquidated damages provision is enforceable under North Carolina law when: 1. damages are speculative or difficult to ascertain, and 2. the amount stipulated is a reasonable estimate of probable damages, OR the amount stipulated is reasonably proportionate to the damages actually caused by the breach.

§ 42-10. Tenant not liable for accidental damage. A tenant for life, or years, or for a less term, shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part, unless he so contract.

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North Carolina Destruction Clause Long Form