In particular, for commercial (but also residential) leases, landlords include indemnity and insurance clauses to pass on the financial risk and the burden of these rights on the tenant. Compensation is the assumption of responsibility of another party in the context of a contract, for example. B of a rental agreement. Therefore, under a compensation clause, tenants generally agree to repay or pay directly to the lessor „all losses, claims, shares, liabilities and expenses“ related to a liability situation. Now, say it, since the tenant is not a public tenant, the provision of the lease will simply not apply. If only it were so simple. The problem is that, regardless of the type of lease or subsidy program for which the tenant is entitled, the lease agreement between the landlord and the tenant governs their relationship. Thus, the indeterminate tenancy clause applies, as do all rent provisions that are based on the tenant`s income, as calculated according to federal regulations, etc. Imagine a market tenant being offered and signing this rental agreement.
You can limit the amount of rent you could charge this tenant without knowing it. If one of the contracting parties agrees to obtain insurance for a particular risk, the courts have decided that the insurance contract is in favour of the other party and exempts it from liability for that risk. The same is true where the negligence of the other party is the source of a risk such as the . B a fire. In this scenario, the party, with the insurance indicated in the lease, is expected to look at its insurer if the risk occurs – not the other party. Here`s the scene. You manage a building with tax credits. So you have a few market tenants, some tax credit tenants, some public housing tenants, and you probably also have some section 8 tenants. You have a lease agreement, one in which you invested a lot of time and money very carefully when you managed this market right property three years ago.
Great decision to invest in your lease. All owners should follow your example. Now you make the decision to order that you will use this brilliantly designed lease on the new property, and you start with unit rental. Leasing contracts often anticipate specific risks and contain provisions to ensure that one or both parties receive appropriate insurance or compensation in the event of an eventuality. Several provisions of the lease can deal with similar problems, which can lead to the interpretation of a given concept and its interaction with other conditions.