South Carolina Demand for Rent with Forfeiture of Lease to be Declared if Rent not Paid
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How to fill out Demand For Rent With Forfeiture Of Lease To Be Declared If Rent Not Paid?
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FAQ
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.
If the tenant has repudiated the lease or breached a condition of the lease, then the landlord has a common law right to accept the repudiation and terminate or re-enter and forfeit the lease.
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.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
§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.
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.
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.
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.
6 Answers. Hi, if the landlord does not paid the amount then you have to issue legal notice ask the landlord to repay the amount. 2. Landlord fail to pay the amount inspite of notice then you have to file suit for recovery of money.
According to Section 5 (a) a landlord is entitled to eject a tenant, as defined in the Act, on the ground of non-payment of rent or a breach of the conditions of the tenancy.
