UNDERSTANDING THE TERMINATION RIGHTS UNDER THE HWW LEASE WHEN A MAJOR REPAIR IS NEEDED

 

1.   The HWW lease allows for terminating the lease in extreme situations:

 

“If for any reason the premises are condemned by any governmental authority, destroyed, rendered uninhabitable, rendered dangerous to persons or property, and/or damaged through fire, water, smoke, wind, flood, act of God, nature or accident, or, if it becomes necessary, in the opinion of LANDLORD or its AGENT, that TENANT must vacate the premises in order for repairs to the premises to be undertaken, this lease shall, at LANDLORD'S option and upon 7 days written notice to TENANT, cease and shall terminate…  

 

2.   The Landlord cannot use this clause for their “convenience” or as a way to get a Tenant out for some other reason.

 

3.  This means of termination should be used at last resort AND only if necessary.

 

 

4.  The Tenant should always be offered a no penalty lease break first if the problem was not caused by the Tenant.

 

5.  By terminating the tenant, the Landlord is admitting there is a serious problem with the premises USUALLY through no fault of the Tenant.

 

6. The Notice used will be a 7 DAY NOTICE OF TERMINATION that we prepare. You can always give them MORE time and this would change the notice.

 

7.   The Tenant should be presented with a Mutual Termination of Tenancy Agreement and will preferably sign the one which RELEASES the Landlord, manager, agents etc.  Some refuse to sign and you cannot force them to.

 

8. If the Tenant refuses to sign a Mutual Termination of Tenancy Agreement which includes a RELEASE, getting the Tenant to sign an Agreement to Vacate or Mutual Termination of Tenancy Agreement without a RELEASE is better than nothing.

 

9.  If the Tenant CAUSED the problem necessitating the termination, you will NOT use a RELEASE in most situations.

 

10.  If there is a major problem with the home that necessitates termination, PLEASE contact us immediately so we can guide you.

 

11. You MUST have solid proof that you can present in court that the home is uninhabitable or dangerous to them now or during a major repair  and they must vacate for the repair. It must be proven.

 

12. If you have failed to contact our office as soon as you discovered the major problem and begin to make all kinds of verbal agreements, we will normally not be able to assist you.

 

 

13. IF THE TENANT FAILS TO VACATE PER THE AGREEMENT TO VACATE or the SEVEN DAY NOTICE OF TERMINATION WE CAN FILE AN EVICTION THE DAY AFTER THE DAY THEY WERE TO VACATE.

 

14. IF YOU PUT A TENANT UP IN A HOTEL, WE WILL NOT BE ABLE TO ASSIST YOU. THERE IS NO LEGAL OBLIGATION TO PUT A TENANT IN A HOTEL.

 

15. IF THE TENANT VACATES, BE 100% SURE THAT THEY HAVE GIVEN YOU FULL POSSESSION OR THEY MAY COME AFTER YOU FOR THE PERSONAL PROPERTY, IF ANY, YOU MAY HAVE THROWN OUT.

 

It is crucial that you contact our office when something serious has occurred to the home or you have a dispute with the Tenant.

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