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.
West Virginia Standard Provision Used When Delivery of the Premises Is Delayed: In West Virginia, when there is a delay in the delivery of premises, certain standard provisions are typically used to address this situation. These provisions are critical to establishing the rights and obligations of both the landlord and the tenant during such delays. Here, we will discuss the detailed description of these provisions, including relevant keywords and the potential types. 1. Definition and Scope: The standard provision pertaining to delayed delivery of premises defines the circumstances under which a delay occurs, typically due to unforeseen circumstances such as construction delays, repairs, or other factors beyond the landlord's control. This provision sets the stage for how the situation will be addressed. 2. Tenant's Remedies: This section outlines the tenant's rights and potential remedies in case of a delayed delivery. It may include provisions such as rent abatement, lease termination options, or the ability to seek alternative accommodations during the delay. These rights ensure that the tenant is protected adequately when faced with an unexpected delay. 3. Landlord's Obligations: The provision also specifies the landlord's responsibilities during the delay period. This can include compensating the tenant for any additional expenses incurred due to the delay or providing regular updates on the progress of the premises' delivery. The provision may also stipulate a deadline by which the premises must be delivered to avoid further penalties for the landlord. 4. Notification and Communication: Clear communication between the parties is crucial during a delay. The provision may outline the requirements for the landlord to promptly notify the tenant of the delay and the reasons behind it. It may also establish a mechanism for ongoing communication and updates to keep the tenant informed throughout the delay period. 5. Force Mature Clauses: In some cases, delayed delivery of premises can be a result of force majeure events, such as natural disasters or acts of God. In such instances, a force majeure clause may be included as a sub-provision within the standard provision. This clause exempts both parties from liability or any obligation for damages arising from circumstances beyond their control. It is important to note that the specific variations and names of these provisions might differ among different lease agreements and contracts in West Virginia. However, the general principles outlined above typically form the core elements of a standard provision used when delivery of the premises is delayed.
