How does a landlord forfeit a lease?

There are two ways for a landlord to forfeit a lease. Physically taking back possession of the premises (often described as 'peaceable re-entry') and issuing and serving proceedings. Peaceable re-entry is often favoured by landlords, but it ought to be viewed with caution.

US Legal Forms
Leases
Detailed Tax Increase Clause

Forfeiture Clause In Commercial Lease

Name: Forfeiture Clause In Commercial Lease
Brand: US Legal Forms
Rating: 4.81 (255 reviews)

Category:

Landlord Tenant - Commercial Leases

State:

Multi-State

Control #:

US-OL19033GB

Format:

Instant download

Description

This office lease clause is a more detailed form giving the tenant additional rights and the landlord further obligations as it relates to tax increases.

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FAQ

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.

For a lease of commercial property, a landlord can affect this right to forfeit a lease by peaceable re-entry or by issuing court proceedings. To peaceably re- enter, a landlord changes the locks and puts up notices to inform the tenant that the lease has been brought to an end.

There are two ways for a landlord to forfeit a lease. Physically taking back possession of the premises (often described as 'peaceable re-entry') and issuing and serving proceedings. Peaceable re-entry is often favoured by landlords, but it ought to be viewed with caution.

Many real estate contracts also contain a forfeiture clause. This clause states that when a person buys a property, the contract is an obligation to make installment payments on the note. If the borrower should fail to uphold their end of the purchase contract, the seller may end the agreement and seize the property.

For any other breach of covenant, a landlord must serve an s146 notice pursuant to the Law and Property Act 1925. The act of commencing and serving possession proceedings on the lessee is sufficient evidence of the unequivocal election by the landlord to forfeit the lease.

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Forfeited for breach of a covenant only where a re-entry proviso is included in the lease.

Forfeiture Clause In Commercial Lease

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FAQ

What is a forfeiture clause in a lease?

How do you forfeit a commercial lease?

How does a landlord forfeit a lease?

What is a forfeiture clause?

What does the landlord have to do if it wants to forfeit the lease because the tenant is in breach of the user covenant in the lease?

Interesting Questions

What is a forfeiture clause in a commercial lease?

Why is a forfeiture clause included in a commercial lease?

What are some common reasons for triggering a forfeiture clause?

Can a landlord immediately evict a tenant under a forfeiture clause?

Is a forfeiture clause enforceable in all states?

Can a tenant challenge the enforcement of a forfeiture clause?

What happens if a forfeiture clause is invoked?

Can a landlord re-lease the property after invoking a forfeiture clause?

Can a tenant negotiate the terms of a forfeiture clause?

Are there alternative remedies to a forfeiture clause?

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