Damage & Destruction (In a Lease)

The damage and destruction clause in a lease structures the rights of the landlord and tenant in the event of catastrophic fire, flood or other disaster. The main purpose of the clause is to protect both tenant and landlord. The damage and destruction clause will state the tenant’s obligation to notify the landlord in a timely manner following a destructive or damaging event as well as the landlord’s timeline to complete the repairs. The clause also lays out the time at which one or both parties may terminate the lease if repairs have not been made to the satisfaction of either party. The clause will determine any reduction in rent during the time repairs are being made, or abatement of the rent if the premises cannot be occupied. This clause also states the consequences if the tenant is responsible for the casualty.