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.
Ohio Standard Provision Used When Delivery of the Premises Is Delayed When entering into a lease agreement in Ohio, it is common to include specific provisions to address situations where the delivery of the premises is delayed. These provisions aim to protect both landlords and tenants in the event of unforeseen circumstances or issues that result in the premises not being available for occupancy at the agreed-upon time. One type of Ohio standard provision used in lease agreements when the delivery of the premises is delayed is the "Force Mature" clause. This clause typically covers situations beyond the parties' control, such as natural disasters, government actions, or acts of terrorism, that may cause a delay in the delivery of the premises. It allows for an extension of the lease commencement date or provides an alternative remedy to the tenant, such as a reduction in rent or the ability to terminate the lease if the delay persists for an extended period. Another commonly used provision is the "Landlord's Delay" clause. This provision places the responsibility for any delays solely on the landlord's shoulders and includes remedies for the tenant. It typically outlines the tenant's rights in cases of non-delivery or delayed delivery of the premises, such as the ability to terminate the lease or claim damages incurred due to the delay. In addition to these specific provisions, lease agreements in Ohio may also include related clauses such as "Mitigation of Damages" or "Alternative Accommodation." These clauses provide guidance on how the parties should proceed when faced with a delayed delivery of the premises. They may require the tenant to make reasonable efforts to mitigate their damages by seeking alternative accommodation while the premises are unavailable. It is essential for both landlords and tenants to carefully review and negotiate these provisions to ensure that their rights and obligations are adequately addressed. These provisions protect the parties from potential disputes and offer a roadmap for handling delays in the delivery of the premises. In conclusion, multiple Ohio standard provisions are utilized when the delivery of the premises is delayed, including the "Force Mature" clause, the "Landlord's Delay" clause, as well as related provisions like "Mitigation of Damages" and "Alternative Accommodation." These provisions help establish clear guidelines and remedies for both landlords and tenants in case of unforeseen circumstances that may cause delays in the availability of the premises.
