Pennsylvania Destruction Clause Short Form City Lease

State:
Multi-State
Control #:
US-OL11024C
Format:
Word; 
PDF
Instant download

Description

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

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FAQ

A break clause is a line in the lease that allows the landlord, tenant or both to end a lease early without facing a penalty. It includes an agreed date when the lease can be ended. To use a break clause, you must give the other party notice. The break clause will say how much.

Eminent domain is the power of government to acquire property for public use so long as the government pays just compensation. Recognized public uses for which the power of eminent domain may be used include: highways, roads, schools, public buildings, and the elimination of blight.

To exercise the government right of eminent domain, the four elements in the Fifth Amendment must be present: (1) private property (2) must be taken (3) for public use and (4) with just compensation.

For example, in a 12-month tenancy agreement that has a 6-month break clause within it, both the tenant and the landlord can end the tenancy agreement after a period of six months has passed from the start date of the same tenancy agreement.

At the trial, the jury will determine the amount of just compensation to be awarded. The judge will decide all other issues such as public use, public necessity and the interests of the parties in the property. Condemnation actions take precedence over other civil actions in scheduling a hearing or trial.

Even if you have a very good reason for opposing a government agency's proposed taking of your property through eminent domain, making the case on your own may be extremely difficult.

You may be able to legally move out before the lease term ends in the following situations. You Are Starting Active Military Duty. ... The Rental Unit Is Unsafe or Violates Pennsylvania Health or Safety Codes. ... Your Landlord Harasses You or Violates Your Privacy Rights.

The Eminent Domain Trial Anyone with an interest in the property and the agency will have the opportunity to present evidence of value, and the jury will determine the property's fair market value. In cases where the parties choose not to have a jury, the judge will decide the property's fair market value.

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Pennsylvania Destruction Clause Short Form City Lease