Puerto Rico Demand for Rent with Forfeiture of Lease to be Declared if Rent not Paid
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How to fill out Demand For Rent With Forfeiture Of Lease To Be Declared If Rent Not Paid?
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FAQ
Invariably, a lease will contain a provision that in the event the rent is not paid, or some other covenant is breached, then the lease can be brought to an end by the landlord. The impact of this on the lease is that legally it no longer exists.
§6.16 F. Notice May Declare Election of ForfeitureA landlord may request forfeiture of the lease only when the tenant has failed to perform conditions or covenants, or when the tenant has failed to pay rent.
Clause (g) of the section lays down the determination of lease by forfeiture. 2 According to the provision, a lease of an immovable property determines by forfeiture in breach of express condition or disclaimer or denial of the landlord's title or if in case the lessee being judged insolvent.
A commercial landlord has the right to forfeit a lease where a tenant is in breach of a covenant. The most common breach of covenant for a commercial lease is the duty to pay rent. If the tenant fails to pay rent when it falls lawfully due then the landlord will be entitled to terminate the lease.
The forfeiting of the lease also ends the interest of any mortgagee. This is clearly of concern to a lender where the lease is the valuable asset which has been charged (this will usually be where the lease is for a long term) as the mortgagee will not want to lose the security it has for the loan.
If you are found by the court to be in breach of the lease, the court could order you to pay damages, legal costs and/or ask you to put right any breach if it is possible to do so. The landlord may also seek possession of your flat which is also referred to as forfeiture.
Can a tenant forfeit a lease? Forfeiture is a term which relates specifically to a landlord's right to recover possession of the property. The tenant may, however, have certain rights to terminate a lease (for example, break clauses, termination on insolvency or under statute).
When you want to end a business lease that is signed for a specific amount of time, you can give the landlord notice. Otherwise, if, after 16 days, you have not paid the rent nor have given the appropriate notice, your landlord is entitled to cancel your tenancy.
A forfeiture clause is a common clause in a commercial property lease and can allow the landlord to forfeit (i.e. terminate) the lease where the tenant is in breach of their obligations. A breach relating to a commercial tenancy agreement may include: Rent arrears. Dilapidations. Criminal activity on the premises.
