The pre-signing checks of a lease agreement may not always unveil potential surprises or future complications between parties or regarding the leased property. When such situations arise without predetermined solutions in the contract terms, the seamless continuation of the lease can be jeopardized.
What Surprises Can Tenants and Landlords Encounter?
A lease agreement is the pact through which a landlord agrees, in exchange for rent, to provide the tenant with the enjoyment of the property for a specified period. Explicitly mentioned terms include the parties’ identities, property address, lease duration, rent amount, landlord’s required guarantees, and clauses regarding property use.
However, unforeseen circumstances can compromise the smooth execution of the lease, justifying its cancellation. A meticulously drafted, rigorous, and professional lease is aimed at anticipating these situations and providing solutions.
Examples of Circumstances that Could Harm the Landlord:
- The tenant cannot fulfill rent payment, and checks received by the landlord bounce.
- The lease period ends, but the tenant refuses to vacate the property.
- The tenant allows a third party access without the owner’s prior authorization.
- The tenant engages in a professional activity on the premises without the owner’s consent.
- The tenant refuses potential tenants or buyers access for property visits.
- The tenant leaves the property and becomes untraceable.
- The tenant causes disturbances or damages to the property.
- The tenant refuses to cover utility costs, water or electricity consumption, homeowner association fees, or municipal taxes.
Examples of Circumstances that Could Harm the Tenant:
- Serious malfunctions or anomalies in the property, and the landlord refuses repairs.
- The landlord refuses to return financial deposits at the end of the lease.
- Building access becomes impossible due to construction work.
Moreover, some developments beyond the parties’ control can lead to a modification of lease terms, such as the death of a party or divorce leading to property sale.
Note: The information in this article represents the views of the writer and does not substitute for personalized legal advice.
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