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What to Do When Tenants Breach the Lease

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By : Roby Hicks    99 or more times read
You have a lot of responsibilities as a landlord. One of them is to respond to the breach of contract. There is a breach of contract if the tenant fails to pay the rent on the agreed date. There is also a breach of contract if the tenant fails to follow one section or more sections in the lease agreement. What will you do when this happens?

One of the most stressful things to deal with is the breach of contract because responding to it requires a lot of work. It is time consuming as well. You cannot speed up the process because this can cause a lot of problems and can even end up to a lawsuit. There are different measures you can take. Just bear in mind that it can vary from one state to another. So make sure that you consult a lawyer.

When this happens, you need to send a notice of breach of lease to the tenant. There are forms you can follow such as the form 20 or the Notice of Breach of Agreement (by tenant) or you can also use the form 21 or the Notice of Non-Payment of Rent. Aside from the said forms, you can also compose your own letter. Just make sure that it contains the details of the violations. Aside from the details, you should also indicate that they have a certain amount of time, not less than fourteen days to respond to the notice. They have the right of cure or the right to fix the breach. However, there are also instances wherein no right of cure is given. This means that the tenant will not have the chance to remedy the breach. In this case, he will be given enough time to leave the premises.

If the breach is about the failure of the tenant to settle his monthly obligation, wait for his explanations. He may have encountered a few problems or emergency, which is why he was unable to make the payments. His response may indicate when and how he is going to pay the unpaid rent. You have the option to agree to his proposal or not.

A Notice of Termination may be sent to him after he failed to reply within the number of days indicated. Just see to it that you used the right form. If the form you used is wrong, the notice will not apply.

After sending the said notice, file a lawsuit to your local court. The case filed will be for eviction of the tenants. Make sure that you follow the right process of serving the paper because the eviction will not be granted if the serving of the papers did not follow the right manner as
stipulated by law.

Your tenants may respond to your action. If the court favors your motion, it will release a court order to evict the tenant. This shall be served and implemented by a sheriff.

If you encounter problems with your tenants, respond to the problem appropriately. If it is a breach of contract, make sure that you follow the right process of addressing the violations.
Check out the Cave Creek Houses for Lease. There are also Mesa Homes for Rent as well as Sun City West Rental Property.

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