Common use of Damage to the Premises Clause in Contracts

Damage to the Premises. a. If, by no fault of Resident, Occupant or any guest, the Premises is totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render the Premises totally or partially uninhabitable, either Owner or Resident may terminate this Lease Agreement by giving the other written notice within fourteen (14) days after the date of such damage, which shall be effective retroactively to the date on which the Premises became totally or partially uninhabitable. If either party elects to terminate the Lease Agreement, then Owner shall relocate the Resident according to Section 18(b). If Resident terminates, Resident shall not be subject to the Early Termination Fee noted in Section 29(c). Monthly Rent shall be abated as of the date the Premises becomes totally or partially uninhabitable. The abated amount shall be the current Monthly Rent prorated on a thirty (30) day period. If this Lease Agreement is not terminated by either party and Resident remains in the Premises, then Owner shall promptly repair the damage and Monthly Rent shall be reduced based on the extent to which the damage interferes with Resident’s reasonable use of the Premises. b. If the damage to the Premises is a result of a negligent, reckless or deliberate action of Resident, Occupant or guests, only Owner shall have the right to terminate this Lease Agreement, and no reduction in Monthly Rent shall be made. Resident will be responsible for payment of the repair and damages to the Premises caused by Resident, Occupant or guest and to restore the Premises to its original condition, less ordinary wear and tear. Failure to pay such amount is a material breach or default of this Lease Agreement.

Damage to the Premises. a. If, by no fault of Resident, Occupant or any guest, the Premises is totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render the Premises totally or partially uninhabitable, either Owner or Resident may terminate this Lease Agreement by giving the other written notice within fourteen (14) days after the date of such damage, which shall be effective retroactively to the date on which the Premises became totally or partially uninhabitable. If either party elects to terminate the Lease Agreement, then Owner shall relocate the Resident according to Section 18(b). If Resident terminates, Resident shall not be subject to the Early Termination Fee noted in Section 29(c29(a). Monthly Rent shall be abated as of the date the Premises becomes totally or partially uninhabitable. The abated amount shall be the current Monthly Rent prorated on a thirty (30) day period. If this Lease Agreement is not terminated by either party and Resident remains in the Premises, then Owner shall promptly repair the damage and Monthly Rent shall be reduced based on the extent to which the damage interferes with Resident’s reasonable use of the Premises. b. If the damage to the Premises is a result of a negligent, reckless or deliberate action of Resident, Occupant or guests, only Owner shall have the right to terminate this Lease Agreement, and no reduction in Monthly Rent shall be made. Resident will be responsible for payment of the repair and damages to the Premises caused by Resident, Occupant or guest and to restore the Premises to its original condition, less ordinary wear and tear. Failure to pay such amount is a material breach or default of this Lease Agreement.

Damage to the Premises. a. a) If, by no fault of Resident, Occupant or any guest, the Premises is totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render the Premises totally or partially uninhabitableuninhabitable as determined by the applicable governing authority or, if a governing authority is not applicable, by Owner, either Owner or Resident may terminate this Lease Agreement by giving the other written notice within fourteen thirty (1430) days after the date of such damage, which shall be effective retroactively to the date on which the Premises became totally or partially uninhabitable. If either party elects to terminate the Lease Agreement, then Owner shall relocate the Resident according to Section 18(b). If Resident terminates, Resident shall not be subject to the Early Termination Fee noted in Section 29(c). Monthly Rent shall be abated as of the date the Premises becomes totally or partially uninhabitable. The abated amount shall be the current Monthly monthly Rent prorated on a thirty (30) day period. Neither party will have any further obligation to the other. If this Lease Agreement is not terminated by either party and Resident remains in the Premisesterminated, then Owner shall promptly repair the damage damage, and Monthly Rent shall be reduced based on the extent to which the damage interferes with Resident’s reasonable use of the Premises. Owner may alternatively offer Resident another Premise if one is available. Resident may accept the Premises and this Lease will remain in effect. b. b) If the damage to the Premises is a result of a negligent, reckless reckless, or deliberate action of Resident, Occupant Occupant, or guests, only Owner shall have the right to terminate this Lease AgreementLease, and no reduction in Monthly Rent shall be made. Resident will be responsible for payment of the repair and damages to the Premises caused by the Resident, Occupant or guest and to restore the Premises to its original condition, less ordinary wear and teareven if caused before the commencement date of this Lease. Failure to pay such amount is a material breach or default of this Lease AgreementLease.

Damage to the Premises. a. If, by no fault of Resident, Occupant or any guest, the Premises is totally or partially damaged or destroyed by fire, hurricane, earthquake, accident or other casualty that render the Premises totally or partially uninhabitableuninhabitable as determined by the applicable governing authority or, if a governing authority is not applicable, by Owner, either Owner or Resident may terminate this Lease Agreement by giving the other written notice within fourteen thirty (1430) days after the date of such damage, which shall be effective retroactively to the date on which the Premises became totally or partially uninhabitable. If either party elects to terminate In this instance the Lease Agreement, then Owner shall relocate the Resident according to Section 18(b). If Resident terminates, Resident shall not be subject to the Early Termination Fee noted in Section 29(c)Paragraph 31 below. Monthly Rent shall be abated as of the date the Premises becomes totally or partially uninhabitable. The abated amount shall be the current Monthly monthly Rent prorated on a thirty (30) day period. If this Lease Agreement is not terminated by either party and Resident remains in the Premisesterminated, then Owner shall promptly repair the damage damage, and Monthly Rent shall be reduced based on the extent to which the damage interferes with Resident’s reasonable use of the Premises. Owner may alternatively offer Resident another Premises if one is available. Resident may accept the Premises and this Lease Agreement will remain in effect. b. If the damage to the Premises is a result of a negligent, reckless or deliberate action of Resident, Occupant or guests, only Owner shall have the right to terminate this Lease Agreement, and no reduction in Monthly Rent shall be made. Resident will be responsible for payment of the repair and damages to the Premises caused by the Resident, Occupant or guest and to restore the Premises to its original condition, less ordinary wear and teareven if caused before the commencement date of this Lease Agreement. Failure to pay such amount is a material breach or default of this Lease Agreement.