7.3 Default and Termination
Default and Termination
If either the landlord or tenant violates lease terms (defaults), the other party may pursue court action for:
- Damages
- Cancellation of the lease
- Specific performance (court compels the defaulting party to fulfill their obligation)
Default by Tenant: Most often for unpaid rent or failure to maintain the property. The landlord may file a suit for possession (eviction) after proper notice. The landlord can also sue for damages.
Default by Landlord: Most commonly for failure to provide services or maintain the property. The tenant may sue for damages or claim constructive eviction (must vacate first), which can nullify lease obligations.
Causes for Lease Termination:
- Breach or default
- Expiration of lease term
- Proper notice (for periodic or at-will leases)
- Voluntary agreement
- Property destruction
- Condemnation (eminent domain)
- Foreclosure
- Death of a party (for at-will leases or life estate landlords)
- Abandonment by tenant
Note: Vacating the property does not always mean abandonment if the tenant continues to meet lease obligations.
Breaking Up Is Hard to Do
Choose the best answer for each question, then select Check Answers.
What is a landlord’s typical remedy if a tenant fails to pay rent?
The landlord can seek eviction after proper notice if the tenant defaults.
What is constructive eviction?
Constructive eviction requires the tenant to leave the premises first.
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