How to deal with Tenant Breaking Rental Agreement?
For a property Owner- Collecting monthly Rental is a tedious task, let’s see how to deal with Tenant Breaking Rental Agreement through professional Tenant Management Company. As you all know COVID’19 pandemic has put many people under deep pressure. The pressure in terms of Financial, Physical & Mental has pushed many people, especially tenants to pay their monthly rental as agreed upon in lease agreement.
In fact, the Indian Government has regulated the landlords not to evict during the pandemic. While the Property Owner agrees to cut short their rental amount for a couple of months. The fear of COVID spread & closure of business establishment during the lockdown period has forced many leasers to go with empty pockets.
At the same time, a leaser cannot break the Rental Lease agreement either for Short Term Airbnb Rental Agreement or Long Term Rental Agreement as agreed upon by both the parties.
This agreement will remain as a moratorium which prevents a property owner from evicting the tenants siting various reasons, even during the regular season.
As per the Proper Rental Agreement Policy, it cannot legally modify or excuse tenants obligation even during the National crisis like Codid- Pandemic.
Advantage of Building up a Strong Lease Agreement:
It is twice good to read the Lease agreement before the forced eviction of the tenant by the Land Lord or breaking up the Rental Agreement by the tenant. A strong Lease agreement will benefit both the parties, i.e, Property Owner and tenant to live in peace without any unpredicted eviction by both the parties. Carefree Living and peace of mind are assured.
“A Lease Agreement is a binding legal contract between the Tenant and the Landlord. Once signed – it cannot be modified by both the parties”
How a Landlord can deal with Tenant Breaking Rental Lease Agreement?
There are typically 3 ways to encounter the unexpected Situation:
1. Right to Keep the Security Deposit – An agreement is a Memorandum of understanding that has to be kept to follow and not to break. If an agreed tenant breaks it within the tenure period, then the Landlord can withhold the Security Deposit. The Landlord can also sue the Tenant for the rental losses incurred until the particular portion is rented again.
2. Collect a Certain Amount & Leave Earlier – The other way around is creating a sub-clause for breaking the lease agreement. That is the Tenant pays a lump-sum of amount (equivalent to few months rental) and end the lease agreement early.
3. Legal Approach – For an irregular tenant towards delay or with rental dues, the landlord can approach the tenant with legal law suite as per the local Civil Administration Law.
Circumstances for the Land Lord Terminating the Lease Agreement:
There are some exceptional circumstances where a Land Lord can end the Tenant Lease Agreement early.
1. If the Tenant deviated from any one of the points as agreed in the agreement, then the Land Lord can Terminate the Lease agreement and Produce eviction notice.
Pets Not Allowed – Where a tenant can legally not have a Pet in the premises.
Sub Renting by Tenant – The Titled tenant cannot rerent the property to anybody else.
Carrying Out Illegal activities – Renting the private or the COmmercial property should only serve the particular purpose and are not permitted to carry anything beyond it.
No Partying – Cant Bring in friends, Make noise and disturb the neighbours.
Damage to the property – Breaking or causing damage to the physical structure or the things in the property leads to termination of the rental agreement with penality.
2. There are other extreme cases where a Landlord can ending the agreement, like tenant demises or jailed or Absence of tenant beyond a certain period.
Ending up the Lease Agreement – Mutually:
1. A Humble Land Lord can understand the tenant scenario and can agree to end up the rental agreement mutually by both the parties.
Like, The tenant transfer to another city for Job.
2. The landLord can drop the agreement if the existing tenant is not able to pay the rent. At the same time, the tenant can refer to a new tenant who can occupy the premises immediately.
So that the landlord doesn’t lose even a single month rent.
How Country Home n support you with developing the proper Rental Agreement:
Country Home understands the fact that many young landlords depend upon the monthly rentals to pay their Bank Mortgages and other monthly Property Management Services expenses for the building Infrastructure.
Therefore building up a risk-free rental Lease agreement will provide a continuous rental relief to the Landlord. Without any unexpected foreclosure of the rental agreement by the Lease. Land Lords with Commercial Property will be in serious trouble if the occupant fails to pay the rent in time.
For the Landlords who has less experience in handling the tough tenants. Country Home – The Professional Rental Property Management Company in Kolkata, India will protect your property rentals with strong legal rules. For more detail Click on the link for the benefits of preparing Strong rental Agreement by Country Home.
How to Deal with Tenants Breaking Rental Agreement During Corona Pandemic?
Even during the pandemic outbreak, the tenant is liable to pay the rent as per the Law. The best thing to do is,
- Rent paying time can be extended up to the lockdown is relaxed.
- Collect the part rental now and let the tenant pay the balance with forthcoming month rental.
Country Home typically filters the complex tenants by screening them at the time of signing the agreement itself.
So, the Bottom line is: –
“To be a happy Land Lord, go for Country Home – your Trusted Property Manager in Kolkata, Gurgaon, Noida & Delhi.