A breach of tenancy agreement happens when one of the parties, the property manager/owner or tenant, breaks one of the agreements in the lease document or fails to comply with any part of the agreement.
Consult a paralegal in Toronto if you are a commercial landlord or tenant and you need legal advice and assistance for starting legal action.
Here are two main examples of breaches: Tenants’ breach and Landlords’ breach.
Both tenants and landlords have a responsibility to meet the terms of their rental agreement. Here are some breach cases committed by tenants:
– Non-payment of rent:
One of the most common material breaches committed by a tenant is failing to pay the rent. In such cases, a landlord has the legal right to sue the tenant for any amount of rent that remains outstanding, enter the premises, change the locks, sell the tenant’s property, and terminate the lease.
– Not keeping the property in good condition
Both tenants and landlords have some responsibilities which should be clearly set out in the lease. The tenant is usually responsible for any maintenance and repairs, not identified as the landlord’s responsibility.
Normally, structural repairs such as foundations, flooring, roof, and exterior walls are examples of a landlord’s responsibilities, and a tenant must do non-structural repairs such as air conditioning or plumbing.
Also, the tenant must keep the property in good condition, even if it wasn’t maintained to the same standard at the start of the lease. If you are in such a condition and you are living in Toronto, consult with Paralegal Toronto.
– keeping a pet without permission
Keeping a pet without permission was one of the most common rules broken by tenants. If you are keeping a pet without your landlord’s permission, you will put both yourself and your landlord in a difficult situation! You are disregarding the rules which may result in being evicted from the property.
– Moving out before the lease expires
When a tenant wants to vacate the premises before the lease expired or earlier than the lease allows, s/he needs a written agreement from the landlord. In some cases, the tenant has to pay rent for the entire duration of the lease. So, when the tenant moves out before the lease expired, s/he has breached the agreement.
Under the law, if the landlord cannot find a new tenant and loses any money, s/he can sue the tenant. So, if somebody wants to vacate the premises before the lease expired, it is best to consult a lawyer or paralegal to know about the possible consequences and options.
– Failing to fulfill other obligations of the lease
A tenant is usually responsible for using the premises for only the purpose of the lease and maintaining insurance for the premises and its contents. If s/he fails to fulfill obligations, it is considered a breach.
Depending on some details, including the seriousness of the breach and how important the obligation is, the landlord can sue the tenant, or take other legal action based on the breach.