vtjballeng
New Member
Below is a specific clause from a Lease I signed. I question the part that I put in bold, Lessee.
"Delivery of Possession:
9. In the event that Lessor is unable to deliver possession of the premises at the commencement of the tenancy, then Lessor agrees to use what-ever efforts are in determination reasonable to secure possession of the premises for Lessee, including the recovery of possession against a former occupant wrongfully holding over, but in no event, except for the willful and deliberate conduct of Lessee, shall Lessor be liable to Lessee for any delay in possession. Not withstanding the provisions of the forgoing sentence, Lessee shall have no responsibility to pay rent for the time elapsing from the beginning of the term of this Lease until the premises are available for occupancy."
If I am reading this properly, the Lessor would be responsible for a delay in possession if the Lessee willfully and deliberately did prevented possession. Why would the Lessor be responsible for the actions of the Lessee? This doesn't make sense in my view and I believe the bold Lessee should be Lessor as the Lessor should only be held responsible if the Lessor willfully and deliberately refused or otherwise prevented delivery of possession.
I spoke to the manager who had me sign this lease and they were convinced it was correct as-is and that their attorney had drafted it so that it was clearly without fault. Perhaps I am wrong but if so, how should this be read or interpreted?What is the name of your state?What is the name of your state?
Thanks
"Delivery of Possession:
9. In the event that Lessor is unable to deliver possession of the premises at the commencement of the tenancy, then Lessor agrees to use what-ever efforts are in determination reasonable to secure possession of the premises for Lessee, including the recovery of possession against a former occupant wrongfully holding over, but in no event, except for the willful and deliberate conduct of Lessee, shall Lessor be liable to Lessee for any delay in possession. Not withstanding the provisions of the forgoing sentence, Lessee shall have no responsibility to pay rent for the time elapsing from the beginning of the term of this Lease until the premises are available for occupancy."
If I am reading this properly, the Lessor would be responsible for a delay in possession if the Lessee willfully and deliberately did prevented possession. Why would the Lessor be responsible for the actions of the Lessee? This doesn't make sense in my view and I believe the bold Lessee should be Lessor as the Lessor should only be held responsible if the Lessor willfully and deliberately refused or otherwise prevented delivery of possession.
I spoke to the manager who had me sign this lease and they were convinced it was correct as-is and that their attorney had drafted it so that it was clearly without fault. Perhaps I am wrong but if so, how should this be read or interpreted?What is the name of your state?What is the name of your state?
Thanks