As can be seen above, the „decision to expel a non-compliance” addresses problems that affect other conditions applicable to the occupation, with the exception of the transfer of rental fees. However, the „Pay or Quit Notice” is issued when the tenant is lagging behind the rents. It is usually a red flag that the evacuation is imminent, except for the tenant who cleans the rental costs. A problem of compliance with the lease is precisely this if the customer does not comply with the rules described in his leasing. As you will see, most non-compliance issues can first be dealt with by contact with the tenant, and if the tenant does not resolve the problem within a reasonable time, it should be followed by a written notice requiring compliance with the rules. Sometimes, of course, Tenant John will refuse to pay next month`s rent, even if he is still responsible for it. One way or another, as long as we re-rent the unit quickly enough and the unit does not require an expensive turnover, we will not lose money for the broken lease, which is good for me and good for the tenant who evacuated. August 2017 – Landlords have a wide variety of remedies at their disposal to ensure that tenants fail to comply with rental conditions. Although the number is smaller, tenants have effective remedies when the landlord violates the rent provisions. A constructive evacuation can be used by a tenant as a defence for non-payment of rent or to justify the termination of the lease. As noted above, a constructive evacuation is carried out when a landlord seriously interferes with the use or enjoyment of premises rented by a tenant, as opposed to an effective evacuation, when a lessor takes steps to deprive the tenant of possession of the rented premises. For a landlord`s behaviour to constitute a constructive evacuation of the tenant, it is essential that the tenant can effectively evacuate the rented premises. A tenant`s reaction to a landlord`s default depends on the dependence or independence of leases.
If the obligations are independent, the tenant must continue to comply with the tenancy conditions, but can claim damages in court.