Being a landlord has a lot of privileges. It also has a lot of responsibilities and problems. One of the major causes of problems that landlords face is tenants breaching the contract. This usually happens when the occupants fail to pay the rent on time. There is also a breach of contract when a tenant breaks one or more of the agreed items stated in the lease contract.
If you are a landlord, what are your options when one of your tenants breaches your agreement? Will you evict him right away and terminate the contract? Take note though that this varies per state. Always consult your legal adviser before you take any drastic measures to avoid problems. The actions you will be taking should adhere to the tenancy laws.
The first thing you can do is to send a notice of breach of agreement. You can use the format provide in Form 20 which is the Notice of Breach of Agreement (by tenant). You may also use the Form 21, which is the Notice of Non-Payment of Rent, whichever is applicable. If you do not have copies of such form, you can just write your tenant a letter notifying them of the breach. The said notice should present the details of the breach. You should also specify in the notice the ample time for the tenant to remedy it to practice his right to cure. The time given should not be less than fourteen days.
There are also cases when the breach does give the tenant the right to cure. This means that the tenant is not given the chance to fix the breach. He is therefore given the time to vacate the property.
If the breach is about the tenant failing to pay the rent, wait for his reply. The tenant may explain to you his financial state and may propose a payment arrangement. You have the option on what actions you are going to take. Just make sure that you put it in writing. If you do not agree to the proposal, do not agree to it.
If your tenant failed to respond to the notice you have sent him. You can send him a Notice of Termination. Make sure that it is in the right form because it is not binding if the form you have used us wrong. There are different types of forms you can use. There is Form 1A, Form 1B and Form 1C.
You can also evict the tenant. You can do this after your tenant failed to take actions during the time given. You should file a lawsuit for eviction in your local court. It is your responsibility to serve the papers properly as stipulated in the tenancy laws. The court will not allow the eviction to push through if you fail to serve the papers properly.
The tenants have the right to respond to the lawsuit for eviction. The landlord can only evict the tenant only if the court issues a court order to evict. This shall be executed by the sheriff.
Once the lease agreement is breached, it is your right and duty as a landlord to take the necessary actions. However, see to it that you follow a due process to avoid more serious problems.
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