As a landlord, you may review the topics below that best match your situation regarding legal matters you may encounter, and contact us with your questions.
When rent is not paid on time or in full, the lease agreement and payment records are reviewed to determine the appropriate legal course of action. Depending on the circumstances of the specific case, rent collection, default, and eviction processes may be pursued together or separately.
Grounds for eviction in residential and roofed commercial leases are set out in law. The lease agreement, grounds for eviction, notices, and available documents are reviewed to determine the process that may be pursued through litigation or enforcement.
When a tenant has given a written undertaking to vacate the property by a specific date, the timing of the document, its content, and other conditions of validity are significant. The document and the specific case are reviewed to assess the legal course that may be available.
Where the property is used in breach of the agreement or its terms are violated, the nature of the breach is identified. Accordingly, formal notice, termination, eviction, compensation, or other legal remedies may be considered.
It must be determined whether the damage arises from ordinary use and what its scope is. The securing of evidence, pursuit of the damage amount, and any necessary legal proceedings are assessed.
Rent increases are assessed together with the lease terms, applicable legislation, and the specific features of the case. Where the parties cannot agree, the legal options available and the process for determining the rent amount are reviewed.
In residential and roofed commercial leases, the end of the term does not in every case mean the tenant must vacate automatically. The nature of the agreement and any existing grounds for eviction are assessed to determine the options available to the landlord.
Vacating the property does not automatically extinguish outstanding rent, common charges, damage claims, or other debts. The nature of the debt and supporting documents are reviewed to determine the appropriate legal process for collection.
Disputes may arise after the tenancy ends regarding the return or set-off of the security payment. The agreement, payment records, handover condition, and any claimed damage are assessed to determine the parties' rights and obligations.
In commercial leases, matters such as rent, permitted use, assignment, subletting, eviction, and breach of contract are significant. A legal strategy is developed taking into account the special terms of the agreement and the nature of the commercial activity.
Where a tenant allows a third party to use, assign, or sublet the property, the agreement and applicable legislation are assessed together. The landlord's rights are determined according to the nature of the specific situation.
Using a residential or commercial property for a purpose other than that specified in the agreement may give rise to a legal dispute. The manner of use and the nature of the breach are reviewed to assess appropriate legal remedies.
Responsibility for common charges, shared expenses, and other occupancy costs is determined within the framework of the agreement and relevant legislation. Depending on the nature of unpaid amounts, options for collection and, where necessary, eviction are assessed.
Each legal matter is assessed on its own terms and addressed through the most appropriate methods. Before a dispute escalates, establishing the right lease agreement, documenting payment and handover processes, and responding promptly to legal issues that arise can help prevent more serious disputes later. Preparing a lease agreement or reviewing an existing agreement from a legal perspective is important not only when a dispute arises, but also at the start and throughout the tenancy.