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Forfeiture is a means for a landlord to terminate a lease, in the event of some default by the tenant.It can be contrasted with a break clause exercisable by a landlord, which also confers a unilateral right to terminate, but not upon some default of the tenant (such as a right of forfeiture).
In your eviction suit itself you can seek recovery of arrears. There is no legal obligation to wait till the eviction order to file the recovery suit.
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.
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 interest the tenant had in the property effectively reverts back to the landlord.
Ignore It. If the amount owed is very small, you may simply choose not to pursue it after sending the Disposition of Deposit, and just move on. Bill Repeatedly. Negotiate With Them. Send It to Collections. Take Them to Small Claims Court.
In a residential context, a landlord must issue proceedings at court to forfeit the lease. Before he does so, the leaseholder must either admit the breach or there must be a court or tribunal determination that the leaseholder is indeed in breach.
You can start by using the tenant's security deposit (if any) to cover the unpaid rent. If the deposit doesn't cover the two month's rent, you can sue your former tenant in small claims court (or a similar civil court) for the back rent.
If the headlease is forfeited because the tenant has breached its terms, the underlease will end automatically.As an alternative, a tenant may be able to agree with the landlord that if the headlease is forfeited and the underlease falls away, the landlord will grant a new lease to the undertenant.
If the landlord serves a section 21 notice on the tenant, rent arrears will not be recovered as part of the possession claim. However, the landlord can bring a separate claim in the County Court to recover the outstanding sum. There is a court fee payable, which can vary depending on the value of the claim.