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Force Majeure clause
by H Keith
on March 25, 2020 @10:31
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A tenant pointed out that my lease (based on the LPA lease) does not contain a force majeure clause. As I understand, such a clause would cover an unforeseeable circumstances that prevents someone from fulfilling a contract. I would take that to include a government order not to rent my units. But what are the examples for the tenant? Insurance policies often include pandemics in their definition of force majeure relieving them of the obligation to perform, but not of the client to pay the policy premiums. So... should our leases contain a force majeure clause, and, if so, what would that text look like?
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Re: Force Majeure clause
by Annoymous
on March 28, 2020 @10:43
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I have just read several article on Force Majeure regarding tenant's and landlord's rights. There is no one size fits all. If this get out of control, because Force Majeure is a gray area, I suggest seeing an attorney. I pay all utilities for my units and even though it's in the lease, it is also in the lease that tenants agree to pay rent so that utilities do get paid. If tenants says he can't pay due to COVID-19 I do expect at least 50% with the other 50% due next month util said amount is reached. All LLs have to be prepared and use good common sense and not let Ts take advantage and use COVID-19 as a reason not to pay rent.
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