Why capitalize P in &quot;Provided that&quot;, when no punctuation precedes it and it&#39;s not starting a new paragraph? I emboldened and italicized the &quot;Provided that&quot;s. I confirm that Tenancy Agreement has no punctuation before them. Indubitably they're not starting a new paragraph. Why's P capitalized in &quot;Provided that&quot;? Are these typos? Yield Up the Said Premises and Handover To quietly yield up and deliver the said premises together with the furnishings and all fixtures, fittings and additions therein and thereto at the expiration or sooner determination of this Agreement in good, clean and tenantable repair and condition (fair wear and tear excepted) in accordance with its covenants to repair herein contained notwithstanding any rule of law or equity to the contrary PROVIDED THAT all personal properties and effects, alterations, decorations, partitions, fixtures, fittings and additions therein and thereto of the Tenant or occupier of the said premises shall notwithstanding that the Landlord's consent for the same may have been obtained or given or deemed to have been given if so required at the sole discretion of the Landlord be removed by and at the sole cost and expense of the Tenant at the expiration or sooner determination of this Agreement and the Tenant shall make good and repair in a proper and workmanlike manner all damage to the said premises the said building and the Landlord's fixtures and fittings and the furnishings in the said premises caused by such removal and reinstate the whole or part of the said premises to the condition as they were in at the commencement of the said term AND thereupon to surrender to the Landlord or its agent all keys giving access to all parts of the said premises held by the Tenant and at the Tenant's expense to remove from the doors of the said premises and the directory boards of the said building (if any) all lettering and characters and to make good any damage caused by such removal Provided that if the Tenant fails to remove its personal properties and effects as left in the said premises (hereinafter referred to as &quot;the abandoned items&quot;) the Landlord shall be entitled to give notice in writing to the Tenant to demand the Tenant to remove the abandoned items within three (3) days from the date of the said notice, failing which the Landlord shall be entitled to remove the abandoned items from the said premises without incurring any liability whatsoever to the Tenant therefor but at the costs and expenses of the Tenant to be reimbursed by the Tenant to the Landlord forthwith upon demand or to be recovered by the Landlord from the Tenant as a debt hereunder payable AND thereafter the Landlord may by further notice in writing to the Tenant to demand the Tenant to collect the abandoned items in the manner as may be stated in the said notice but upon full payment of the aforesaid costs and expenses and such further or other costs and expenses which may then have been incurred (including but not limited to storage charges or fees) within three (3) days from the date of the said further notice, failing which the Landlord shall be absolutely entitled to dispose of, sell, give away or otherwise deal with the abandoned items as it shall in its sole discretion see fit and the Tenant shall be deemed to have abandoned its right of ownership of the abandoned items and the right to reclaim the same and/or to claim against and recover from the Landlord any proceeds of sale of the abandoned items if sold by or through or by the order of the Landlord and the Tenant shall indemnify and keep the Landlord indemnified fully against all such demand, claim, proceedings and costs made and brought against the Landlord by any third party(ies) in connection with and/or for the re-claim or recovery of the abandoned items or any part(s) thereof or any proceeds from sale of the same or any part(s) thereof. Breach of Insurance Policy Not to do or permit or suffer or cause to be done any act, deed, matter or thing whatsoever whereby the policy or policies of insurance on the said building or the said premises or any part or parts thereof against loss or damage by fire and/or other insurable perils and/or claims by or liabilities to third parties for the time being in force may be rendered void or voidable or whereby the rate of premium thereon may be increased Provided that if as the result of any act, deed, matter or thing done, permitted, suffered or caused by the Tenant or occupier of the said premises, the premium on any such policy or policies of insurance shall be increased the Landlord shall be entitled without prejudice to any other remedy hereunder to recover from the Tenant the amount of any such increase and the Tenant shall forthwith repay to the Landlord on demand all sums paid by the Landlord by way of increased or additional premium thereon and all expenses incurred by the Landlord in and about any renewal of such policy or policies arising from or rendered necessary by such breach and in the event of the said premises or the said building or any part or parts thereof being damaged or destroyed by fire or other insurable cause at any time and the insurance money under any insurance against fire or other such cause effected thereon being wholly or partially irrecoverable by reason solely or in part of the Tenant's act or default then and in every such case to forthwith pay to the Landlord the whole or (as the case may require) a fair proportion of the cost of completely rebuilding or reinstating the same. EXCEPTIONS AND RESERVATIONS (a) The right to remove, cancel, relocate or otherwise change or carry out any alteration or addition or other works to the common areas (including but not limited to entrances, passages, corridors and staircases) and common facilities (including but not limited to lifts, escalators and toilets) of the said building and such other part or parts of the said building ( other than the said premises) from time to time and in such manner as the Landlord may in its absolute discretion deem fit without the same constituting an actual or constructive eviction of the Tenant and without incut1'ing any liability whatsoever to the Tenant therefor. In particular, the Landlord hereby expressly reserves the right at any time and at its sole discretion to renovate or refurbish the commercial/retail accommodation of the said building and to change, alter, amend, vary, add to and relocate the layout of the commercial/retail accommodation including but not limited to the external walls, entrance lobbies, staircases, landings, passages, corridors, toilets, lifts and escalators and to carry out works to effect such renovation, refurbishment, change, alteration, amendment, variation, addition and re-location Provided that the size of the said premises shall not be affected or reduced in any way And Provided further that the Tenant shall not be entitled to object to the renovation, refurbishment, change, alteration, amendment, variation, addition, re-location or any works thereof and shall have no right of action or claim for compensation whatsoever in connection with any matters arising from this Clause.
There is no grammatical reason for the capitalisation of the 'P' in this situation. It is used merely to merely emphasis the following condition(s) or, as you suggest, typos.
In general, the words "due on" take on their ordinary meaning - that is, that the performance of a contract is required on or before the date specified. If it is not specified in the contract, a court will look to what is reasonable in the circumstances. For instance, if payment is due to a company that trades 24 hours a day including the day payment was due, then payment up until midnight may be found acceptable. However, if it is not known to the person making the payment that the business has such extended hours, and especially if it is known that the business has normal hours, then payment after close of business would likely not be reasonable. To your question, and having reviewed some Canadian residential rent legislation, although none define due on specifically - and I would not expect them to do so - most have clauses which provide for termination, and they only refer to serving notice either a certain number of days after rent falls due, or the day after rent falls due. This would tend to support my assertion that rent is payable on or before the specified date, unless the contract says otherwise, in line with the above considerations. NB: While rent is usually payable in advance, this simply means that you are paying for the occupancy during that follows, or substantially follows, rather than the period that has elapsed.
There are several questions in the OP. The answers to all of them depend on the lease terms. If Person A wants out of the lease, is the only option to just try to negotiate a way out of their portion of the lease with the landlord, presumably by payment or other means? Yes, usually. Regardless of who is on the lease, Person A is on the lease. In order to terminate or break the lease, Person A will have to negotiate termination. Most residential leases provide for joint and several liability for lease obligations. That means the co-signed lease is like three non-exclusive leases, one each between landlord and Persons A, B, and C. So Person A has to find a way to break the Person A lease. Other than a breach by either party, that likely can only be done by negotiation with landlord. What rights do Person B and C have if Person A does stop paying? Absent some other relationship or understanding between them (that is, other than the lease,) likely none. Persons B and C are each fully responsible to pay all of the rent. In other words, as far as the landlord is concerned it does not matter who pays the rent as long as it gets paid. If it doesn't get paid, the landlord can evict and sue all 3 for non-payment of rent. But the lease likely does not discuss the relationships between A, B, and C - whether they pay pro rata by time in the unit, by space used, per capita, or whatever. Landlord doesn't care, and is not the counterparty to those decisions. That said, if there is a relationship between A, B, &amp; C (for instance, if A &amp; B had a contract describing who would pay what, and B entered into another contract with C,) that will determine their relative obligations. The landlord agrees to allow the lease to be amended for another person, person C to be on the lease. Person B negotiated this with the landlord without consent of person A. This may create liability between B to A, C to A, or B &amp; C to A. It is even conceivable that it creates a liability from landlord to A, if A had a reasonable expectation that the lease would not be amended absent A's consent. And the amendment may not be enforceable against A. So, for instance, A may be able to kick C out of the unit and bar C from reentry. It will not effect A's liability to pay rent.
Short Answer Can an incomplete and unsafe building be rented to a tenant on a commercial lease if the building never received a certificate of occupancy? Yes. Unless your lease says otherwise. Your sole source of legal protections is your lease. Without knowing the detailed provisions of your lease, it is impossible to know. Long Answer The General Rule In commercial leases, to a much greater degree than in residential leases, the principle of buyer beware (a.k.a. caveat emptor) applies. Commercial leases are typically negotiated between sophisticated parties, and if the tenant doesn't want to start paying rent until the certificate of occupancy is issued despite a lease that says otherwise, then that is tough luck and the tenant is bound to the terms of the lease. Commercial leases are generally rented in &quot;as is&quot; condition, sometimes with and sometimes without a tenant finish and improvements allowance from the landlord. Unless otherwise agreed, in a commercial lease, the burden is on the tenant to do &quot;due diligence&quot; including a physical inspection of the property by a professional inspector and independent review of the zoning status of the property to confirm that the tenant's business is allowed to operate at that location, much as a buyer of real estate would. If the tenant identifies an objection during the due diligence period set forth in the lease or contract to enter into a lease with the tenant, then the tenant can choose to get out of the lease obligation. But, there is only a due diligence condition if the tenant bargains for it. The lease allocates responsibility to maintain the building in good repair and may allocated this responsibility to the landlord or the the tenant. In one of the most common types of commercial leases, called a triple net lease, virtually all maintenance obligations are the tenant's responsibility: The triple net absolves the landlord of the most risk of any net lease. Even the costs of structural maintenance and repairs must be paid by the tenant in addition to rent, property taxes and insurance premiums. Some firms, such as WeWork build their entire business model around entering into the &quot;as is&quot;, triple net commercial leases with landlords that are the norm, and then subletting the properties to smaller businesses on a furnished, all maintenance and building services provided, gross lease basis. Many states have statutory or common law implied warranties of habitability in the case of residential leases that require that a certificate of occupancy be in place and that other conditions be met by the landlord: An implied warranty of habitability is a warranty implied by law in all residential leases [ed. in states that have such a warranty] that the premises are fit and habitable for human habitation and that the premises will remain fit and habitable throughout the duration of the lease. New Mexico, in particular, has many statutory protections for residential tenants (statutes found here). But, almost none of these protections extend to commercial leases in New Mexico, because commercial leases are not leases of dwelling units, as defined in the relevant statutes. Note that not every state even has an implied warranty of habitability for residential tenancies. Colorado did not have one until the early 2000s, and it had only very weak protections for tenants regarding habitability until the current decade. Before then, in Colorado, a defective or unsafe condition of the premises was not a defense to paying rent under either a commercial or a residential lease in the state. In theory, a county or municipal government could impose a habitability requirement on commercial leases. But, this is very uncommon because, as the examples below illustrate, there are circumstances where it is sensible, even in a fair deal, to place the burden of making property subject to a commercial lease habitable. Examples Of Situations Where This Would Not Be Required In A Fair Deal Most commercial tenants insist upon terms that say that the obligation to pay rent starts when a certificate of occupancy is issued and the tenant is allowed to take possession of the premises. But, there would certainly be some times when a commercial tenant would pay rent on property that does not yet have a certificate of occupancy. For example, in what is called a &quot;pad rental&quot;, a business rents a basically vacant lot with only a concrete foundation and utility hookups and zoning approvals in place, and then the tenant builds a shop or office building on the pad. See, e.g., this commercial lease offer on Loopnet, a major internet site for listing property available to be leased by businesses: ABOUT 4900-5100 N WICKHAM RD , MELBOURNE, FL 32940 Rental Rate $3.79 /SF/Yr Listing ID: 15146692 Date Created: 2/11/2019 Last Updated: 3/19/2019 1 LOT AVAILABLE - Rental Rate $3.79 /SF/Yr Lease Term 20 Years Service Type To Be Determined Date Available Now Space Type Relet Lot Size 0.69 AC DESCRIPTION Pad ready site with all utilities, parking field, ingress/egress, retention, and site lighting IN. Join Goodwill, Einstein's Bagel, Verizon, Twins Car Wash, Wickham Road Music, and Nail Salon in this 100% leased new retail center. HIGHLIGHTS Pad ready site. In a commercial pad lease, typically, a tenant would start paying rent immediately and the length of time needed to get the tenant's shop built and approved for occupancy by local government officials is their problem. But, even then, the terms would depend on what was negotiated between the landlord and the tenant which would depend to a great extent on how hot the local commercial real estate market was and on the other terms. A landlord will usually offer more favorable terms (such as a provision stating that rent is not owed until a certificate of occupancy is issued) in a weak rental market, but may also decide to have very tough lease terms with a somewhat lower monthly or annual rental rate. Also, as in the example above, conditioning rent payment on occupancy or availability for occupancy, is less common in a very long term lease such as the twenty year lease being offered for the pad rental above. Something very similar is done in an existing building that requires tenant finish. At one extreme, the landlord will do tenant finish to the tenant's specifications at the landlord's expense and the tenant will only start to pay rent when the tenant takes occupancy. At the other extreme, the tenant will start paying rent immediately and do the tenant finish at the tenant's sole expense. In between, the tenant may do the tenant's own tenant finish pursuant to landlord approved plans, with the landlord contributing a tenant finish allowance that will often be less than the full anticipated cost of tenant finish work, and the rent will be reduced or waived for a set period of time which may be less than the actual or anticipated time that it takes to complete the tenant finish. This gives the tenant an incentive to not waste tenant finish dollars and to push the contractors doing the work to finish as soon as possible. In yet another example, it wouldn't be terribly uncommon for a landlord to rent a commercial space that is already occupied by squatters, or holdover tenants, to a new tenant on a triple net basis. In a lease like that, the tenant is responsible for evicting the current occupants, rather than the landlord. The promise that the leased property won't be occupied by someone else when the lease commences is called the &quot;covenant of quiet enjoyment&quot; (which is &quot;a covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.&quot;). This provision is often, but not always, included in a commercial lease, although often, courts will imply in law a covenant of quiet enjoyment into even a commercial lease, in the absence of express language in the lease stating that the covenant of quiet enjoyment is not intended to be included in the lease. Conclusion It all boils down to the terms of the lease and a reasonable construction of the relevant lease terms. The fact that there is such a thin amount of legal protection from unfair lease terms is one of the reasons that most commercial tenants hire an attorney to help them negotiate the terms of a commercial lease, in addition to, or instead of, a commercial real estate broker. Footnote: Why Is Commercial Lease Law So Harsh? The duties of a commercial tenant are much closer to, and in some cases, almost identical to, those of an owner of real property and are not infrequently for long terms such as twenty, or even ninety-nine years. Why would a landlord and tenant enter into a commercial lease in these situations, rather than having the prospective tenant simply by the property subject to a mortgage? A lot of this is tax driven. Many businesses would purchase their buildings rather than lease them if taxes were not a consideration and the commercial lease is basically a tax favored alternative to a mortgage payment. When the commercial landlord is a mortgage lender in all but name, and a commercial tenant is a building owner in all but name, it makes sense to place the legal maintenance responsibilities of a building owner on the commercial tenant. A business can deduct every dollar paid in rent from its revenues when determining its taxable income, even the portion economically attributable to land value and depreciation in the structure of the building, as it is paid. But, if the business finances the purchase of the property with a mortgage, the business can deduct the interest paid, but not the principal payments. Depreciation of improvements on real estate (for most of recent U.S. tax history, over a straight line 39.5 year depreciation period) can counterbalance some of the principal payments, although often more slowly than the principal payments are actually made. Also, if depreciation deductions wipe out too much of the business's income, those depreciation deductions are disallowed or deferred. Furthermore, the portion of the purchase price of property attributed to land value can't be depreciated at all. In many cases, this quirk of the tax law is addressed with a business structure in which: (1) a non-profit that doesn't care about the tax treatment of its income leases the land to (2) another business that builds a multi-tenant building on the property which it owns even though it doesn't own the land the building is built upon, subject to a mortgage with a long amortization period similar to the depreciation period for the building, which in turn is (3) leased to businesses that actually used the multi-tenant building by the building owner. Second Footnote On Rent Control and Cooperative Apartments Even further afield, in places like New York City that have rent control, residential tenants become more economically equivalent to apartment owners, and residential landlords become more economically equivalent to a combined mortgage lenders and home owner's association. There was a strong demand for rent control in New York City at the time that rent control was adopted, because economic necessity meant that mostly people needed to live in one unit of a multi-unit apartment building, but the legal concept of ownership of one unit within a larger apartment building that is now commonly called a &quot;condominium&quot; in the United States, did not exist. So, there were a lot of renters in New York City who very much wanted to be de facto apartment owners who didn't have the legal tools available at the time to achieve this goal. The other work around which was used in the Northeast before the condominium was invented was a &quot;cooperative apartment&quot;, in which all of the residents of a particular apartment building owned the entire building and were jointly and severally liable on the mortgage on the building, but then were allocated a unit within the building in exchange for economic obligations to the cooperative association that managed the building on a not for profit basis for its owners.
Dale is right; here are the details from CA statutes: Since 1872, CA law has told CA courts to assume the parties to contracts in CA are reasonable, not crazy. If the literal reading of the contract is crazy, the California Civil Code's rules for the Interpretation of Contracts tells its courts: ignore the crazy reading. Here is what the statute says: § 1636 A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. To win under this section, you would need to claim that both you and the landlord intended that the landlord would pay the late fee. No judge would believe this. § 1637 For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this Chapter are to be applied. To win under this section, you would need to claim that there is no doubt that both you and the landlord intended that the landlord would pay the late fee. Again, no judge would believe this. § 1638 The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity. To win under this section, you would need to claim that it was reasonable that the landlord would pay the late fee. Again, no judge would believe this. § 1640 When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded. To win under this section, you would also need to claim that both you and the landlord really intended that the landlord would pay the late fee. Since no judge would believe this, any judge would rule that the wording was a mistake, and should be disregarded. § 1643 A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect, if it can be done without violating the intention of the parties. Ditto.
I do not believe that there is any requirement to number clauses, paragraphs, or pages, and I have certainly seen contracts where none of these are numbered. It is a common practice to number provisions in some way, in particular to make reference from one to another easier. But not all contracts include such internal references. Contracts presented in electronic form, such as on a web page, may not have any clear concept of separate pages, and so page numbers would be pointless on such contracts. Page numbers on contracts printed out are common, but I do not know of any legal requirement for such numbers. For contracts presented in electronic form, one can ensure against unauthorized modification by including a checksum or hash of the contract text. If a one-way hash function is used, it will be quite hard to produce a text with a different content but an identical hash value. This technique could also be used on printed contracts. However, I do not recall seeing this technique used in practice.
The agent/landlord responsibility is to ensure that the residents have &quot;quiet enjoyment&quot; of the property during the period it is let. As long as your friend has access to the flat he has that. He can ask, but the agent/landlord have no obligation to provide it. Could your friend appoint someone else to go and get their property? There is no reason why he has to do it in person. He should provide this person with a signed letter of authority (just &quot;I, Joseph Bloggs, hereby authorise John Doe to collect my belongings from 123 Cherry Tree Crescent on my behalf&quot;, signed and dated) and also send a copy to the agent. Your friend must have a contract with somebody. If he paid a deposit then it should have been kept in a proper deposit protection scheme, and he should have paperwork to that effect. If that wasn't done, then he can sue the person he has the contract with for (in effect) punitive damages in addition to getting his deposit back. You say your friend was &quot;not the lead tenant&quot;, so it sounds like one of the tenants was sub-letting, but its not clear; it may be that this &quot;lead tenant&quot; was just acting as a point of contact for stuff like rent collection. Your friend should have some kind of written tenancy agreement; he can sue the person or company named named on that. If the tenancy was a verbal contract then he can sue the person he handed the deposit to.
Section 11(6) of the Landlord and Tenant Act 1985 says In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair. There is also an absolute right to enter in an emergency (such as fire). Note that the law does not require tenant permission (a landlord may obviously enter for any reason with permission): the law says when he may do so without permission. If the "viewing" is related to repairs, then you just have to accept it. However, "viewing" usually means "showing prospective new tenants". In that case, there is the 28 day end-of-tenancy entry right which, if you didn't omit anything, is not relevant. In light of the common law right to quiet enjoyment, you have the right to exclude the landlord (or anyone else) absent a statutorily expressed override. Permission can be inferred by word or action under common law, for example if a person appears at the door and you open it wide and step aside, you have implicitly granted permission even if you didn't say "I hereby permit". Explicitly denying permission (even once) eliminates any reasonable possibility of inferring permission. If you had gotten an email saying "we'll come by at 4:30" and you reply "Alrighteo, see you then", that can reasonably be interpreted as permission. If you do not reply, they cannot infer permission (obviously: X sending a message to Y does not entail that Y received or read the message). If a person does not have a right to enter property, then doing so by force constitutes trespass, which is plainly against the law.