Deductions should be presented in a written document and itemized, and payment should be returned for any deposit balance. It is important to follow up with the landlord if the deductions seem improper. Any agreement reached should be documented in writing. A landlord may legally terminate a lease if the tenant is in violation of the terms of the lease or has broken the law.
The violation by the tenant must be significant, such as late rent, or having a dog despite a prohibition against pets in the premises. The landlord must first send a termination notice to the tenant, making clear that the tenancy has been terminated. Terms of the notice vary according to state law, as do the requirements on delivery of the notice.
The tenant may be provided time to remedy the violation, by paying outstanding rent, for example. Or the notice may state that the tenant must vacate the premises or risk eviction. A landlord may file an eviction lawsuit against a tenant who remains in the rental unit after receiving a termination notice. An eviction is a court-ordered removal of the tenant.
The landlord typically files a complaint with the court, the tenant is provided time to answer, and if the landlord prevails in court, it repossesses the property. Last reviewed October Landlord Tenant Law Contents. Tenant Termination of Lease Since a lease is a contract, tenants are bound to the length of the lease. Landlord Termination of Lease A landlord may legally terminate a lease if the tenant is in violation of the terms of the lease or has broken the law.
Landlord Tenant Law. Information for Tenants. Choosing a Place to Rent. Understanding Your Lease or Rental Agreement. For more information, please click here. The property no longer suits the needs of the tenant, for example, it may be too small.
In this case, a statement as to why it is no longer suitable for the needs of the tenant must also be given with the notice of termination. The statement must also specify the bed spaces in the dwelling.
In this case, a statutory declaration providing 'specific details' must be included in the notice of termination or given with the notice of termination stating this. This does not apply to Approved Housing Bodies. These specific details are:. Landlords must offer the property back to the tenant that vacated on foot of a valid notice of termination if the property becomes available to rent again. From the 4th June , the time period that a landlord must offer the property back to the tenant has extended from 6 months to 12 months from the expiry of the notice period.
Click here for a sample notice of termination to use when ending a tenancy for this reason. The tenancy can be ended if the landlord intends to sell the property within nine months of the termination date. There is a new restriction, in force since January sometimes referred to as the Tyrellstown Amendment which applies to landlords terminating tenancies who want to sell 10 or more units within a single development within 6 months.
Usually, tenants will be allowed to remain in their rented dwelling during and after the sale of the property unless:. From June 4th changes to the law mean the landlord is obliged to offer the tenant an opportunity to re-let the property if they do not sell it within 9 months and once the tenant provided their contact details in writing to the landlord within 28 days of receipt of the notice of termination.
A tenancy can be terminated where the landlord intends to carry out substantial refurbishment of the property. Am I required to return the deposit?
Does this fire terminate the lease? Is there any paperwork necessary to terminate the lease? Do I have any responsibilities to the tenant? What is the most effective way to terminate a tenancy? We plan to sell the house and have given 60 days notice.
What are the next steps? What can I do? We want to re-rent to someone else or sell the property. How can we get him to leave? My tenants have a 1 year lease. Do I have to give a reason for not renewing their lease? My tenant is breaking the lease. Does she have to find me a new tenant? My son needs to occupy the unit for a few months, can I evict my current tenant? How long must my son live there?
If tenants are persistently late in paying rent, what form can I give them? My tenant has broken 5 separate clauses of the rental agreement, from running an illegal business to damages. I rented my house as a rent to own. They rent for 5 years and then have an option to buy.
Circumstances have arisen that I want to move back and break the lease. Is there some way that I can terminate the lease? I rent a house to five students and one is causing trouble. There have been numerous complaints, help! I have decided to demolish the rental house on our other property rather than continue to deal with the LTB and tenants. Would you be able to advise me on the procedures for demolition?
I have an agreement for an eight month term but the tenant plans to move two months early. I had a father sign a lease as guarantor and the rent has not been paid. Is the guarantor named on the notice?
I entered into a one-year lease with a couple, but they have since split up and one person remains. He wants to remove her name from the lease because she is no longer living there. I prefer both names on the lease. Am I obligated to consent? Does the tenant have to move at the end of the lease? The tenant plays loud music until the early morning hours, what can I do? The tenant has damaged the premises, what action can I take? Can I terminate a tenancy to allow a family member occupy the rental unit?
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