Where a landlord seeks to end a lease by re-entering the property following a breach of covenant by the tenant (and pursuant to a right reserved to the landlord to do so), the tenant can apply to the court for relief, that is, to have the forfeiture set aside.
In any civil forfeiture proceeding under a civil forfeiture statute in which the Government prevails, if the court finds that the claimant's assertion of an interest in the property was frivolous, the court may impose a civil fine on the claimant of an amount equal to 10 percent of the value of the forfeited property, ...
Civ. WPI 302.01 (7th ed.) The failure to perform fully a contractual duty when it is due is a breach of contract. Use this instruction along with an explanation of the particular contractual duty at issue and the factors affecting when the performance is due, ing to the facts of the case.
Washington civil forfeiture laws apply when the State of Washington attempts to seize property connected to illegal activity in a civil proceeding. The primary Washington civil forfeiture statute, RCW 69.50. 505, applies to crimes involving controlled substances (drug crimes).
The forfeiture rule, that no one who unlawfully kills another can share in the victim's estate or receive any other financial gain from the death, appears appropriate and immutable.
Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.
The forfeiture clause allows the landlord's Bailiff (Certificated Enforcement Agent) to “re-enter” the premises following a breach. The forfeiture clause in the lease would normally say something like “if the rent remains unpaid for a period of 21 days then the landlord may peaceably re-enter and forfeit the lease”.
Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.