Puerto Rico Notice to Quit for Breach of Covenant or Condition of Unauthorized Subletting
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How to fill out Notice To Quit For Breach Of Covenant Or Condition Of Unauthorized Subletting?
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FAQ
You should say something like: I am giving 1 month's notice to end my tenancy, as required by law. I will be leaving the property on (date xxxxx). I would like you to be at the property on the day I move out to check the premises and for me to return the keys.
Usually it is the landlord who has the power to make sure that the lease terms are complied with by leaseholders. If the lease has such provision, the leaseholder will need to ask the landlord to enforce the terms of the lease against another leaseholder.
Breach of Covenants A Freeholder's options in this situation are to either commence forfeiting the lease, or to continue the lease but go to court to claim damages to account for rent arrears or compel the tenant to comply with the lease.
Breach of covenant meaning Essentially, a breach of covenant means that one or more parties have not acted in accordance with the covenant that is currently in place. This could be in relation to any number of things, such as access rights, building rights or even preventing a business being run from the property.
Covenants usually arise in a contractual agreement between the buyer and seller of the land. So long as the covenant is correctly worded to 'attach' to the land itself, it continues to apply if the land is sold on, unless it has been modified or discharged. Covenants are legally binding and enforceable by the court.
A breach of covenant notice provides details of the breach, informs the tenant how to rectify the breach and may also outline any potential compensation.
Breaching a restrictive covenant leaves you open to potential legal action from the other party, if they wish to enforce the covenant. If you are taken to court and the other party is successful, you might have to undo any work carried out and may face a fine or have to pay damages, as well as legal fees.
The primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead of an injunction.
In the past, a landlord may have waived their right to forfeiture if a tenant breached a covenant because that tenant was a 'good payer'. Now this tenant may be not meeting their rent obligations and continuing to breach covenants.
