Guam Notice to Lessee of Forfeiture of Lease for Failure to Abide by Lease Agreement
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How to fill out Notice To Lessee Of Forfeiture Of Lease For Failure To Abide By Lease Agreement?
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FAQ
Yes, if the authority to extrajudicially eject is stipulated in the contract.
Generally, during forfeiture proceedings, landlords will refer to a clause in the lease contract which allows them to forfeit in response to particular violations, such as: The tenant has made alterations to the property without consent. The tenant has received noise complaints.
Waiving the right to forfeit is doing or committing any act that expressly or impliedly recognises the continuing existence of the lease. A landlord will be waiving the right to forfeit if they have knowledge of the breach (which can be imputed from knowledge by their agent) and then recognise the lease as continuing.
If the breach of the lease is for non-payment of rent and the landlord has not done anything to waive the breach, then usually the landlord can forfeit the lease without giving any notice. Non-payment is usually classed as being so bad that the landlord would not wish to continue with the lease.
HOW IS A LEASE FORFEITED? There are two ways for a landlord to forfeit a lease. Physically taking back possession of the premises (often described as 'peaceable re-entry') and issuing and serving proceedings. Peaceable re-entry is often favoured by landlords, but it ought to be viewed with caution.
