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.
Title: Understanding Washington Standard Provisions Used When Delivery of the Premises Is Delayed Keywords: Washington, Standard provisions, Delivery of premises, Delayed, Types Introduction: In Washington, when it comes to the delivery of premises that experiences a delay, certain standard provisions are often incorporated into contracts to address and regulate such situations. These provisions aim to protect both the landlord and the tenant in the event of unforeseen circumstances causing delays in the availability of the premises. Let's delve into the various types of provisions commonly used in Washington to address delayed delivery of premises. 1. Force Mature Clause: A commonly used provision in Washington leases is the force majeure clause. This clause covers situations beyond the control of both the landlord and the tenant, such as natural disasters, acts of God, terrorism, or unforeseen government actions that result in a delay in delivering the premises. It helps allocate risks and responsibilities when unforeseen events hinder the landlord's ability to deliver the premises on time. 2. Adjusted Commencement Date: Another provision used in Washington to handle delayed delivery of premises is the adjusted commencement date clause. This provision specifies that the lease commencement date will be adjusted, usually by extending the term, by the same number of days that the delivery of premises has been delayed. This ensures that the tenant's lease term is not unjustly shortened due to circumstances beyond their control. 3. Rent Abatement Provision: Rent abatement provisions are often included in Washington standard provisions to address delays in delivering the premises. This clause allows the tenant to receive a temporary reduction or waiver of rent during the period of the delay caused by the landlord. This provision helps to compensate the tenant for loss or inconvenience due to the delayed availability of the premises. 4. Liquidated Damages Clause: In certain cases, a liquidated damages' clause may be utilized to address delayed delivery situations. This provision establishes a predetermined amount of damages that the landlord may be required to pay the tenant if the premises are not delivered within an agreed-upon timeframe. The purpose of this provision is to provide a reasonable estimate of the harm the tenant may suffer due to the delay. 5. Mutual Termination Right: Some contracts may include a mutual termination right provision when delivery of the premises is significantly delayed. This provision allows either party, landlord or tenant, to terminate the lease if the delay exceeds a certain agreed-upon period. It offers an exit strategy for both parties if the delay becomes too prolonged and unsuitable for their respective needs. Conclusion: When faced with a delayed delivery of premises in Washington, landlords and tenants often turn to various standard provisions to address and manage the situation. Force majeure clauses, adjusted commencement dates, rent abatement provisions, liquidated damages clauses, and mutual termination rights are some of the potential provisions that can be used. These clauses protect the interests of both parties, ensuring a fair and balanced resolution during unforeseen delays.
