Commencing action Clause Samples
The 'Commencing action' clause defines when and how a party may initiate legal proceedings or formal actions under an agreement. Typically, this clause outlines prerequisites such as required notices, waiting periods, or attempts at dispute resolution before a lawsuit or arbitration can begin. For example, it may require parties to first engage in mediation or provide written notice of a breach before filing a claim. Its core function is to ensure that disputes are addressed in an orderly manner, potentially reducing unnecessary litigation and encouraging resolution before formal action is taken.
Commencing action. A landlord may file a petition against a tenant, a guest or invitee of a tenant or the owner of a dangerous pet on the premises for the protection of rental property or tenants when the landlord, the landlord's employee or agent, the landlord's rental property or persons who are tenants of the landlord have experienced harm or have been threatened with harm by a tenant of the landlord, a guest or invitee of a tenant or a dangerous pet on the premises. The landlord may file the petition in the landlord's own name or, when the landlord has written authority from a tenant to do so, may file the action on behalf of the aggrieved tenant, or both. [PL 2003, c. 265, §1 (AMD).]