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The landlord's realtor keeps insisting that "be" is correct. She repeats she's been practicing real license for at least 20 years, and she's read thousands of these clauses. She asked if I can explain the linguistics. I still think "be" is wrong, but I can't explain. Can you? Thanks!

She's licensed. I don't think English is her native tongue when she speaks English with a Hispanic accent. English is my native tongue, but I never studied English after high school.

  1. The tenancy's commencement date is subject to the vacant possession of the Premises be ready to be delivered to the Tenant and/or the completion of the Landlord’s provision.

I think this will be correct if a gerund, "being", replaces "be". But what's the linguistics reason?

  1. The tenancy's commencement date is subject to the vacant possession of the Premises being ready to be delivered to the Tenant and/or the completion of the Landlord’s provision.
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  • What would work is “. . . subject to the condition that the vacant possession of the Premises be ready . . .”
    – Xanne
    Feb 26, 2021 at 2:31
  • @Xanne You're correct, I know. But I'm craving to know the linguistics or syntactical analysis. Why does adding "the condition that" make this grammatical?
    – user50720
    Feb 26, 2021 at 3:39

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I agree with you. The reason is that subject to requires a noun, or in this case a gerund acting as a noun - completion being the other condition.

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