what happens if a landlord breaks the lease?
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If a tenant breaks a lease, the landlord can mitigate their damages by continuing to charge the tenant rent until they're able to re-rent the unit. If a landlord has to re-rent the unit at a lower amount than what is stated in the lease, the tenant can be charged the difference for the remainder of the lease period.
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The fact that the lease has expired does not mean that you have to leave the property. Unless you or your landlord takes specific steps to end the tenancy it will simply continue on exactly the same terms. ... the landlord may serve a prescribed notice proposing an assured periodic tenancy, where you pay a monthly rent.
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If a tenant breaches a tenancy agreement it is possible that their landlord will try and evict them from the property. The sort of breaches of tenancy which result in a landlord seeking a court order for possession include: ... Damage to the property (eg broken windows)
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You may face a civil lawsuit. But sadly, in the state of California, these aren't legally justifiable reasons to break a lease. In most cases, your landlord will win the lawsuit and a judge will order you to pay off the lease balance.
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In California, a landlord may be able to evict a tenant if the tenant: Fails to pay the rent on time; Breaks the lease or rental agreement and will not fix the problem (like keeping your cat when pets are not allowed); Damages the property bringing down the value (commits "waste");
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If you do not pay your rent then your landlord can take further action against you. Your landlord could: try to seize goods using a bailiff (this is known as commercial rent arrears recovery); take steps to end your lease agreement and repossess your premises (this is known as forfeiture);
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If the headlease is forfeited because the tenant has breached its terms, the underlease will end automatically. ... As an alternative, a tenant may be able to agree with the landlord that if the headlease is forfeited and the underlease falls away, the landlord will grant a new lease to the undertenant.
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Breaking your lease can cost up to three months' rent, but the exact amount will depend on the type of landlord you rent from. It's not cheap to leave an apartment in the middle of your lease. Most landlords will charge you some kind of lease breakage fee to help cover the cost of re-renting your unit.
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Generally, a landlord may terminate a lease without reason at the expiration of the lease term. That means your landlord is under no obligation to renew your lease or allow you to stay in the property for additional time unless you are able to invoke an anti-retaliation law.
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“A commercial landlord depends on the rent that is to be paid for all of the space that it leases out,” says Luepke. “If a retail or commercial tenant won't or can't pay the rent, the landlord may have to evict that tenant and replace it with one that will pay the rent.
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You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
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A 14-day notice must be given if the tenant is being evicted for breaking the terms of the lease. A 7-day notice must be given for non-payment of rent. For month-to-month tenants, 30-day notice is required to terminate the lease. Allow tenants pay their outstanding rent, if applicable, before their notice is up.
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If your landlord has fallen behind with their payments, their mortgage lender could take them to court to get possession of the property. This will usually give them permission to evict anyone who lives there. ... the landlord's lender has recognised your tenancy in some way, for example, by asking you to pay them rent.
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There are only three circumstances in which breaking one's lease is condoned by the Ontario Landlord and Tenant Board: The Board issues an order ending the tenancy agreement early because the landlord has not met their obligations under the Act, The landlord allows the tenant to assign the rental unit to someone else.
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A lease is a legal contract, and your landlord can take you to court if you break it. You may have several options, depending on the terms of your lease. Even if the lease lacks flexibility, your landlord may be prepared to negotiate a compromise.
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Things get muddier if you seek to evict your tenant for breaking some other stipulation of your lease agreement. Start with some form of notice to a tenant that they have broken their lease agreement, and then try to work out a solution. Only when that fails should you seek to evict them.
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Commercial Leases are Grounded in Contract Law When a commercial lease is broken or “breached,” the contract dispute may be litigated. If a commercial landlord claims a breach of contract, the landlord will need to show: That a contract existed. The parties' obligations under the contract.