Common use of DAMAGE TO THE DWELLING Clause in Contracts

DAMAGE TO THE DWELLING. In the event the Dwelling is either partially or completely destroyed by fire or other disaster, Landlord may at its sole discretion and without liability to Tenant (including Rent credits): (i) elect to terminate this Lease, (ii) relocate Tenant to an alternate Dwelling in accordance with this Lease, or (iii) repair/rehabilitate the Dwelling. If the election to rehabilitate or repair is made, Tenant's rent shall be pro-rated so Tenant does not pay for the period when Tenant cannot occupy the Dwelling (or alternative Dwelling if provided by Landlord). If Landlord elects to relocate Tenant to an alternate Dwelling, Tenant agrees this Lease will continue in full force and effect and Tenant shall have no right to terminate this Lease due to the substantial impairment of the initial Dwelling. If the Dwelling is not rehabilitated or repaired within a reasonable time frame of the fire or other disaster this Lease will terminate at the discretion of Landlord. Notwithstanding the foregoing, it is expressly understood and agreed that Tenant shall not be excused from paying Rent if the damage or destruction to the Dwelling is the result of or is attributable in any way to Tenant or Tenant's guests or invitees, and Tenant shall be charged for the cost and expense of any repairs or clean-up related to such damage or destruction. Each Tenant shall be jointly and severally liable for animal violation charges, missing smoke detector alarm batteries, and damages to the common areas in the Dwelling if Landlord cannot in its sole and exclusive judgment, ascertain the identity of who was at fault.

DAMAGE TO THE DWELLING. In the event the Dwelling is either partially or completely destroyed by fire or other disaster, Landlord may at its sole discretion and without liability to Tenant (including any Rent credits): (i) elect to terminate this Lease, (ii) relocate Tenant to an alternate Dwelling in accordance with this Lease, or (iii) repair/rehabilitate the Dwelling. If the election to rehabilitate or repair is made, Tenant's rent shall be pro-rated so Tenant does not pay for the period when Tenant cannot occupy the Dwelling (or alternative Dwelling if provided by Landlord). If Landlord elects to relocate Tenant to an alternate Dwelling, Tenant agrees this Lease will continue in full force and effect and Tenant shall have no right to terminate this Lease due to the substantial impairment of the initial Dwelling. If the Dwelling is not rehabilitated or repaired within a reasonable time frame of the fire or other disaster this Lease will terminate at the discretion of Landlord. Notwithstanding the foregoing, it is expressly understood and agreed that Tenant shall not be excused from paying Rent if the damage or destruction to the Dwelling is the result of or is attributable in any way to Tenant or Tenant's guests or invitees, and Tenant shall be charged for the cost and expense of any repairs or clean-clean- up related to such damage or destruction. Each Tenant shall be jointly and severally liable for animal violation charges, missing smoke detector alarm batteries, and damages to the common areas in the Dwelling if Landlord cannot in its sole and exclusive judgment, ascertain the identity of who was at fault.

DAMAGE TO THE DWELLING. In the event the Dwelling is either partially or completely destroyed by fire or other disaster, Landlord may at its sole discretion and without liability to Tenant (including Rent credits): (i) elect to terminate this Lease, (ii) relocate Tenant to an alternate Dwelling in accordance with this Lease, or (iii) repair/rehabilitate the Dwelling. If the election to rehabilitate or repair is made, Tenant's rent shall be pro-rated so Tenant does not pay for the period when Tenant cannot occupy the Dwelling (or alternative Dwelling if provided by Landlord). If Landlord elects to relocate Tenant to an alternate Dwelling, Tenant agrees this Lease will continue in full force and effect and Tenant shall have no right to terminate this Lease due to the substantial impairment of the initial Dwelling. If the Dwelling is not rehabilitated or repaired within a reasonable time frame of the fire or other disaster this Lease will terminate at the discretion of Landlord. Notwithstanding the foregoing, it is expressly understood and agreed that Tenant shall not be excused from paying Rent if the damage or destruction to the Dwelling is the result of or is attributable in any way to Tenant or Tenant's guests or invitees, and Tenant shall be charged for the cost and expense of any repairs or clean-up related to such damage or destruction. Each Tenant shall be jointly and severally liable for animal violation charges, missing smoke detector alarm batteries, and damages to the common areas in the Dwelling if Landlord cannot in its sole and exclusive judgment, ascertain the identity of who was at fault. A. If the Dwelling becomes unusable, in part or totally, because of fire, accident or other casualty, this Lease will continue unless ended by Landlord under C below or by Tenant under D below. If the Dwelling is partially unusable, the rent will be reduced based upon the part of the Dwelling that is unusable. B. Landlord will repair and restore the Dwelling, unless Landlord decides to take action described in C below. C. After a fire, accident or other casualty in the Dwelling, Landlord may decide to tear down the Dwelling or to substantially rebuild it. In such case, Landlord need not restore the Dwelling but may end this Lease or relocate Tenant to an alternate Dwelling in the Neighborhood in accordance with this Lease. D. If the Dwelling is completely unusable because of fire, accident or other casualty and if Landlord is unable to relocate Tenant to an alternate Dwelling in the Neighborhood within thirty days, Tenant may give written notice to Landlord that Tenant ends the Lease and the Lease is considered terminated as of the day that the fire, accident or casualty occurred. Tenant cannot terminate this Lease if Tenant or Tenant’s guests or invitees caused the fire, accident or other casualty. Tenant also cannot terminate this Lease if Tenant refuses Landlord’s offer to relocate Tenant to an alternate Dwelling in the Neighborhood. E. Unless prohibited by the applicable insurance policies, to the extent that such insurance is collected, Tenant and Landlord release and waive all right of recovery against the other or anyone claiming through or under each applicable policy by way of subrogation.

DAMAGE TO THE DWELLING. In the event the Dwelling is either partially or completely destroyed by fire or other disaster, Landlord may at its sole discretion and without liability to Tenant (including Rent credits): Tenant: (i) elect to terminate this Lease, (ii) relocate Tenant to an alternate Dwelling in accordance with this Lease, or (iii) repair/rehabilitate the Dwelling. If the election to rehabilitate or repair is made, Tenant's rent shall be pro-rated so Tenant does not pay for the period when Tenant cannot occupy the Dwelling (or alternative Dwelling if provided by Landlord). If Landlord elects to relocate Tenant to an alternate Dwelling, Tenant agrees this Lease will continue in full force and effect and Tenant shall have no right to terminate this Lease due to the substantial impairment of the initial Dwelling. If the Dwelling is not rehabilitated or repaired within a reasonable time frame of the fire or other disaster this Lease will terminate at the discretion of Landlord. Notwithstanding the foregoing, it is expressly understood and agreed that Tenant shall not be excused from paying Rent if the damage or destruction to the Dwelling is the result of or is attributable in any way to Tenant or Tenant's guests or invitees, and Tenant shall be charged for the cost and expense of any repairs or clean-clean- up related to such damage or destruction. Each Tenant shall be jointly and severally liable for animal violation charges, missing smoke detector alarm batteries, and damages to the common areas in the Dwelling if Landlord cannot in its sole and exclusive judgment, ascertain the identity of who was at fault.