The relationship between a landlord and his tenant can either be a peaceful or difficult one. Under the law the landlord-tenant relationship is a contractual one, and so it is expected that each party fulfill the terms of their individual agreement.
A tenancy can be created with or without a tenancy agreement. However, to protect the interests of both parties, it is advisable to contact the services of a lawyer to help draft a tenancy agreement for both parties to sign.
Since a tenancy is seen as a contractual relationship under the law, rules and regulations guiding the enforcement of contract would be applicable. In this article we would examine three situations that can lead to the end of a tenancy relationship. They are:
Overdue failure to pay rent:
Rent is very important in every tenancy. This is because the tenant and the landlord have agreed that in return for a tenant’s occupation of a premises, he is entitled to pay a certain amount of money. Where a tenant’s rent is long overdue, the landlord has a right to end the tenancy with such tenant.
This can be done by issuing him a notice to quit along with following other legal procedures to evict him. However, where the tenancy agreement has provided for a different procedure to be followed in evicting such tenant, that is what the landlord would do.
Breach of the tenancy agreement:
The tenancy agreement states all the rights and duties of the tenant as well as the landlord. Where there has been a fundamental breach of a term or clause in the tenancy agreement by the tenant, the landlord can end the tenancy.
Arson of the property:
Arson is a criminal offence. It refers to the criminal act of deliberately setting fire to a property. Where a tenant commits arson, the landlord has every right to end the tenancy. In addition, he can charge such tenant to court, and sue him for damages.