Handling a Tenant Breaking the Lease Agreement
Tenants can sometimes break the lease agreements and when such situations arise, one should know how to handle them. Firstly, make sure you prepare yourself from the beginning for such an issue, so that you do not have to pay dearly for it later. When making the lease agreement with your tenant, think of the worst case scenario. This helps because when something bad happens, your lease agreement will already have the necessary measures to handle the situation without you having to exercise other rights and laws. Thinking that the tenant is most likely to break the lease agreement will help you think of the consequences. Knowing that something bad may happen along the term of tenancy helps you counteract any loss of income that may result from a broken lease agreement.
Secondly, make sure the tenant understands that if he/she goes ahead to break the lease agreement then there will be ramifications and he/she may even be obliged to pay the fine for that. If the tenants leaves before the term of the tenancy is up and finished, they will have to find you a new tenant. In case they are unable to do that, they will have to pay the rent for the time left in the term of the tenancy. Thirdly, you could also add a stipulation in your lease agreement stating that if the tenant does break any clause of the lease agreement, then they can be challenged in the court of law. The landlord will then have no power in deciding the outcome and the tenant could have avoided this if they did not break the lease agreement clauses.
If the tenant leaves without any notice then the landlord is entitled to hold the security deposit because that was the initial insurance of the tenant. It may be difficult to track them down but you should try and take them to court for the damage and inconvenience. This is because you have the right to do so. Make sure you exercise your right because you will be missing out on your income that would be yours had the tenant not broken the lease agreement.
Things can get muddier if the landlord decides to evict the person. This is because the tenant will also have rights that they may exercise under the court of law and as law empowers them, they may just get away with it. Therefore, always communicate with the tenant and give notices if and when they break any part of the lease agreement. Notices and warnings should work and if they do not, talk to them personally and try to find a solution that works for both parties.
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