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Many real estate contracts also contain a forfeiture clause. This clause states that when a person buys a property, the contract is an obligation to make installment payments on the note. If the borrower should fail to uphold their end of the purchase contract, the seller may end the agreement and seize the property.
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.
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.
You can learn more about the 540-A process via 603 Legal Aid's resource guide or by calling them directly at 800-639-5290 or 603-224-3333. More information on the 540-A petition is also available on the court website. Can I get evicted during the winter? Yes.
Evictions have now resumed. The governor had also ordered that any landlord who wants to evict a tenant based on nonpayment of rent that was due between March 17 to June 11, 2020 must give the tenant at least 30 days notice before filing an eviction lawsuit in the court.
When you want to end a business lease that is signed for a specific amount of time, you can give the landlord notice. Otherwise, if, after 16 days, you have not paid the rent nor have given the appropriate notice, your landlord is entitled to cancel your tenancy.
Can I break my lease? You are always able to break a lease; there is little a landlord can do to actually stop you from leaving before the full term specified in the lease. You are violating no law by vacating early, but you are violating the terms of the contract between you and the landlord.
Most New Hampshire renters could not be evicted during the emergency period. Evictions have now resumed and landlords can enforce evictions against renters once again. If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.
§6.16 F. Notice May Declare Election of ForfeitureA landlord may request forfeiture of the lease only when the tenant has failed to perform conditions or covenants, or when the tenant has failed to pay rent.
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.