In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.
Default On Lease Agreement
Description
How to fill out Florida Notice Of Default On Residential Lease?
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FAQ
A ?default? is a failure to comply with a provision in the lease. ?Curing? or ?remedying? the default means correcting the failure or omission. A common example is a failure to pay the rent on time.
Material default legal definition refers to a party's failure to honor the clauses in a contract. A contract is, by definition, a set of clauses that the signing parties agree to fully fulfill. When that does not happen, it is considered a breach of contract and may result in legal action.
Default is when the contract is in a state of breach. Material breach is an act that breaches the contract so severely that the non-breaching party does not have to uphold his end of the bargain, or can terminate the contract.
Breaches may include, but are not limited to, failure to pay Rent, engaging in any unlawful activity, damaging or otherwise destroying Property or any common areas therein, or violation of any part or sub-part of this Lease.
For example, the original tenant might have put holes in the wall to make a new passageway or undertaken other major work on the property. At the end of the lease, the new tenant must fix those issues and return the property to the condition that it was in at the start of the lease.
