Pennsylvania Clause Dealing with Fire Damage

State:
Multi-State
Control #:
US-OL11024A
Format:
Word; 
PDF
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Description

This office lease clause deals with the mandatory obligation of the landlord to rebuild; time periods for reconstruction; continuation of abatement periods; the appropriate "what ifs" in the event portions of the premises cannot be restored and are deemed to be indispensable; and circumstances when the landlord or tenant can elect to terminate the lease.

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FAQ

The act of arson now often encompasses causing smoke damage to a property, setting off an explosion that leads to a fire in a dwelling, and even starting a fire that never actually results in burning or is discovered and put out before it can cause damage.

§ 901. Criminal attempt. (a) Definition of attempt. --A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.

--A person commits a felony of the second degree if he intentionally starts a fire or causes an explosion, whether on his own property or that of another, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, and if: (1) he commits the act with intent of destroying or damaging a building ...

Value of Damage to Property The amount of the loss directly impacts the severity of the Pennsylvania Criminal Mischief charge. The greater the loss, the more severe the charge, and the harsher the possible penalties. The charge can be a relatively minor summary offense, but it can also be a felony offense.

--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise; (3) uses obscene language, or makes an obscene gesture; or ...

Definition: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Arson- Unlawful burning of property. - Malicious burning of property.

Grading and Penalties for Criminal Mischief Pennsylvania classifies criminal mischief as: Third Degree Felony ? maximum sentence of 7 years in jail and a $15,000.00 fine ? if the value of the loss or damage exceeds $5,000.00 or if the damage causes a ?substantial interruption or impairment of public communication?

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Pennsylvania Clause Dealing with Fire Damage