Landlord Tenant Law – Why You Should Not Terminate a Tenant’s Lease When He Fails to Pay Rent!

The Australia Landlord Tenants Act and other Australian laws govern the legal relationship between landlords and tenants. In some cases, statutory provisions take precedence over language in a lease contract. So landlords must be careful how they handle negotiations with tenants who are in breach of their lease.

landlord and tenant law

Most lease violations involve the tenant’s failure to pay rent on time, and there is no question that when a tenant defaults, the landlord must take immediate action. But if you decide you want to evict a deceased tenant. You should be careful with your choice of words to ensure your ability to collect all damages that you will recover as a Perth landlord.

Many Perth landlords immediately tell their tenant that the lease is terminated when the tenant fails to pay rent or responds to a demand to pay rent. This could be a problem. Under Perth law, a landlord cannot sue to recover any rent earned after “terminating” the lease. This is true even if the termination was solely the result of the tenant’s failure to pay rent or other violations.

Eviction Process

A landlord with a tenant in breach is entitled to evict the tenant, however, and still recover future rent. If instead of terminating the lease he terminates the tenant’s right to possession of the property. This difference in the choice of words used can mean thousands of dollars in rent differences that may be recoverable. Although an Arizona landlord has a duty to mitigate damages by trying to find a replacement tenant. Provided proper mitigation efforts can be shown. He can recover the rent earned after the tenant vacates and other potential damages. If the landlord does not actually terminate the lease.

Perth landlords should remember that there are some situations where it may be wise to terminate the lease. Let’s say that there is a possibility that the tenant may file bankruptcy to avoid eviction. In that case, the landlord may be in a better position in bankruptcy court if the lease was terminated prior to the bankruptcy filing.

Legal Advice On Landlord and Tenant Law

Property lawyers have extensive experience in landlord and tenant law in Perth. Can then provide expert advice to landlords, tenants, and agents regarding all features of the lease, including: (1) Negotiating, drafting, and examining lease agreement terms (2) Enforcing the terms and conditions of lease agreements, and (3) representing customers in dispute of the lease.

To avoid eviction, T.C. In that case, the landlord may be in a better position in bankruptcy court if the lease was terminated prior to the bankruptcy filing.

Whatever the case may be. Perth landlord-tenant matters can be quite complex and you should consult with experienced property lawyers in Perth if you have any questions regarding the same.

landlord and tenant law Book an appointment today by visiting our website for more information about Property Lawyers Perth WA. An Arizona property and business litigation attorney representing individuals and small businesses across Australia.

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