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A commercial landlord has the right to forfeit a lease where a tenant is in breach of a covenant. The most common breach of covenant for a commercial lease is the duty to pay rent. If the tenant fails to pay rent when it falls lawfully due then the landlord will be entitled to terminate the lease.
What is forfeiture of lease ? Forfeiture occurs when the landlord exercises their right to regain peaceable possession against the wishes of the tenant. This is usually where the tenant has breached a condition of the lease or has breached a covenant.
Where a tenant 'holds over' under its expired business lease (even if only by one day) and then wishes to terminate the "holding over" lease, the tenant must give the landlord at least three months' notice.
STEPS TO TAKE BEFORE FORFEITING A LEASE Conventionally, it will apply to any breach of covenant by the tenant, except that, where rent is concerned, the right to forfeit will usually only arise 14 or 21 days after the rent falls due.
What is forfeiture of lease ? Forfeiture occurs when the landlord exercises their right to regain peaceable possession against the wishes of the tenant. This is usually where the tenant has breached a condition of the lease or has breached a covenant.
If you are found by the court to be in breach of the lease, the court could order you to pay damages, legal costs and/or ask you to put right any breach if it is possible to do so. The landlord may also seek possession of your flat which is also referred to as forfeiture.
Lease violations are anything a tenant or landlord does that violates the agreement they signed. The most common one is non-payment of rent, but it's not the only issue. Here's some of the other ways a tenant can break a lease: Housing unauthorized occupants. Smoking in the rental.
Common Lease ViolationsHabitual Late Payment of Rent. Emphasis on habitual!Noise Violations.Long-Term Guests.Unauthorized Pets (or violation of pet policy)Unauthorized Renovations and/or Decor.Unsanitary Conditions.Damage to the Property.Illegal Activities.More items...?
Lapse of time When the prescribed time of the lease expires, the lease is terminated. Specified event When there is a condition on time of lease depending upon a happening of an event. Interest Lessor's interest to lease the property may cease, hence resulting in the termination of the lease.