Remedies for Breach of Tenancy Agreement

When you sign a tenancy agreement, you and your landlord are entering into a legally binding contract. This agreement outlines the terms and conditions of your tenancy, including your responsibilities as a tenant and your landlord`s responsibilities as a property owner.

Unfortunately, despite the best efforts of both parties, breaches of the tenancy agreement can occur. A breach occurs when one party fails to comply with one or more of the terms of the agreement. When this happens, it`s important to know what remedies are available to you as a tenant.

Let`s take a look at some common breaches of tenancy agreements and the remedies available.

1. Failure to pay rent

One of the most common breaches of a tenancy agreement is a failure to pay rent. If you find yourself in a situation where you`re struggling to pay your rent on time, it`s important to communicate with your landlord as soon as possible. They may be willing to work out a payment plan or offer some flexibility.

If you`re unable to come to an agreement with your landlord, they may be able to take legal action to evict you. However, they must follow the proper legal procedures and give you notice before taking any action.

2. Unauthorized subletting

If you`re renting a property and decide to sublet it to someone else without your landlord`s permission, you`re breaching your tenancy agreement. Your landlord has the right to evict you if you sublet the property without their permission.

If you`re interested in subletting the property, it`s important to speak with your landlord first and get their approval. They may agree to the subletting arrangement if the new tenant meets their screening criteria.

3. Breach of tenancy rules

Your tenancy agreement may include a list of rules that you`re required to follow. These rules may include restrictions on pets, smoking, and noise levels. If you break any of these rules, you could be breaching your tenancy agreement.

Your landlord may be able to take legal action against you if you repeatedly breach the tenancy rules. However, they must give you notice and follow the proper legal procedures before taking any action.

4. Damage to the property

If you cause damage to the property you`re renting, you`re responsible for repairing the damage or paying for the repair costs. If you fail to do so, you could be breaching your tenancy agreement.

Your landlord may be able to deduct the repair costs from your security deposit or take legal action to recover the costs.

In conclusion, breaches of tenancy agreements can be stressful and costly for both tenants and landlords. If you find yourself in a breach situation, it`s important to communicate with your landlord and try to come to a resolution. If you`re unable to resolve the issue, seek legal advice to understand your rights and options. Ultimately, following the terms of your tenancy agreement can save you time, money, and stress in the long run.

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