Not exact matches
If the landlord materially fails to comply with their
obligations to maintain safe and habitable premises with a health or safety impact, the
tenant may terminate the
lease on written notice.
However, the LLC or the corporation is still liable for the
obligations under the
lease for the balance of the term or until the landlord finds another
tenant.
A
Lease Agreement organizes all aspects of your
lease arrangement in one document, outlining the
tenant (s) and landlord's rights and
obligations.
The
obligations of each
tenant will be detailed in the
lease.
Assuming that your
lease is for fewer than seven years, the statutory provision for a landlord's repair
obligations is set out in s11 Landlord and
Tenant Act 1985.
«For satellite dish installation permission — # 500 plus surveyor's fee for inspecting channels» CLRA 2002, Sch 11 gave
tenants the right to challenge the liability to pay and reasonableness of an administration charge — for example, for consent to installation of a satellite dish or carrying out of building works, on providing information or documents or in respect of a failure to make payment under the
lease — at a LVT and, ahead of service charges, obligated the landlord to serve, with a demand for the payment of the charge, a summary of the
tenant's rights and
obligations.
After reviewing the course of action that the owner took upon learning about the smoking complaints (including attempts to negotiate an early termination of the
lease), the Judge concluded that the owner had satisfied his
obligation under section 119 of the Condominium Act, 1998 as he had taken all reasonable steps to ensure the
tenants complied with the corporation's rules.
The courageous argument of the
tenants — or at least one of the two who participated in the second tier appeal, the landlords being unrepresented after two previous outings at which they were victorious and submissions being made by an advocate to the court — was that the landlords had been under an
obligation to mitigate their loss and had failed to do so by forfeiting the
lease despite knowing of the
tenants» plight.
If the
lease has expired and the
tenant does not have an option then the landlord is under no
obligation to offer a new
lease; they do not have to give any reason.
b) Upon any sub-letting or assignment of the whole the
tenant shall procure that the sub-
tenant or assignee enter into a covenant with the landlord and the
tenant of the other flat in the terms of part xi hereof to observe and perform the conditions and
obligations of the
lease including this
obligation
In any event a
tenant considering such a gamble would do well to remember that the sympathy of the court is a real factor in litigation, and a party seeking to avoid its
obligations under a
lease would be unlikely to have its benefit.
If a person stops paying rent, the landlord institutes eviction proceedings, and may sue for the remainder of the rent for the term of the
lease: they have an
obligation to try to find a replacement
tenant, to mitigate the damage.
Could there be a mutual meeting of minds where landlords and
tenants may try to impose energy
obligations on each other by way of «green
leases»; where
tenants might want their landlord to run the building in as energy efficient a manner as possible in line with their corporate and social responsibility reporting?
When entering into a new
lease it is essential that a
tenant knows what
obligations and liabilities they are taking on.
M&S failed on the first ground for the same reason that the
tenants in QuirkCo and Canonical failed: the express terms of the
lease were not sufficiently clear to displace the
tenant's overarching
obligation to pay a full quarter's rent in advance on all quarter days.
That person has the same
obligations to
tenants, whether a homeowner
leasing on a small scale, or a largescale commercial enterprise.
When representing a
tenant client, why is it better to negotiate personal guaranty — which makes the business owner personally liable for debts and
obligations — out of a
lease in place of a larger security deposit or extra limitations?
If a
tenant successfully negotiates for the right to «go dark,» the landlord will insist the
tenant nevertheless be obligated to fulfill all of its monetary
obligations under the
lease.
It should always be followed up with a formal
lease that addresses the landlord and
tenant's rights and
obligations.
-- It is not clear anywhere in the offer to
lease that the landlord's name and address for the purpose of service of documents must be included on the
lease, otherwise the
tenant's
obligation to pay rent is suspended.
The Amendment Act has strengthened the rights and
obligations that apply to both landlords and
tenants, tightened up the rules surrounding inspections, deposits, the condition of a property, and what should be included in the
lease; and it has enhanced the powers of the Rental Housing Tribunals.
A recent Ontario Divisional Court decision has sought to clarify conflicting decisions and provide guidance as to the
obligations of
tenants when their landlords terminate their
lease early.
In certain scenarios, a
tenant can literally walk away from its
lease and the
obligations if the landlord goes bankrupt and the lender enforces its security.
A healthier economy may reduce the risk that a
tenant will default on its
lease obligations, and if they do, improves the landlord's ability to re-
lease the property (on potentially more favorable terms).
You need to understand the likelihood that the
tenants will fulfill their
lease obligations — and what security you will have should they fail to do so.
During the term of the
lease the
Tenant's
obligations are similar to those of an Owner and they are expected to care for and maintain the premises accordingly.
Andover Retail Services, Inc. v. Lincoln Metrocenter Partners, L.P. (279 A.D. 2d 269)- summary judgment dismissing brokers claim affirmed; where brokerage agreement provided that landlord would be relieved of its
obligation to pay installment payments on commission upon a termination of the
lease by
tenant, the broker was not entitled to installment payments after landlord and
tenant entered into a surrender and cancellation agreement of the
lease, even though surrender and cancellation agreement provided for payment from landlord to
tenant
Manhattan Apartments, Inc. v. Matera (10 Misc.3 d 133A)-- small claims judgment in favor of broker affirmed; broker's responsibility was fully performed upon
tenant's signing of
lease agreement, at with point the earned commission became irrevocable; the fact that landlord ultimately agreed to relieve
tenant of his leasehold
obligations due to noise concerns had no bearing on broker's entitlement to recover the agreed upon brokerage fee; record contains no indications that broker /
tenant agreement incorporated any condition that
tenant was looking for a «quiet» apartment.
A RentGrade is a
tenant risk solution that predicts the probability that a
tenant will pay their rent on time and fulfill the financial
obligations of their
lease.
(With a
lease - option the
tenant has the right, but not the
obligation, to exercise the option to purchase the property.
The court system will rule in your favor assuming the
tenant isn't breaking the
lease because the landlord is not fulfilling their
obligations outlined in the
lease and / or landlord
tenant law.
The three - judge panel ruled that the state's lead - based paint law only pertains to the
obligations of property owners and managers and does not apply to
leasing agents whose sole responsibility is to procure a
tenant, provided that proper lead - paint disclosures were made.
In the current economic climate, it is likely that landlords will encounter greater challenges in ensuring that
tenants»
obligations under their
lease agreements are fulfilled.
Inquiring as to whether the
tenant has the financial capacity to meet its financial
obligations under the
lease is also imperative.
If a
lease doesn't have specific provisions on how rents will be dealt with after a catastrophe, that could spell trouble, Golden notes: «The
tenant may have an
obligation to continue paying rent, even though they have no expectation to get back into the space any time soon.»