What should a landlord do with a non-paying tenant?
The first step is for the landlord to look at the payment clause together with the breach clause. The payment clause stipulates an amount and a date by which payments should be made. This enables the landlord to prove that the tenant is in breach. The breach clause will provide that in the event of non-payment, the landlord has the right to take certain actions, such as claiming specific performance or cancelling the agreement.
In the event that the lease agreement is cancelled due to a breach and the tenant fails to vacate the property, the aggrieved landlord will have the option of evicting the tenant. This can only be done by approaching the court to apply for an eviction order.
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