Lease Agreement Archives - Ashersons Attorneys

03 Sep 2020

Options to Renew Leases – Risks for Landlords and Tenants

Leases often give tenants an option to extend or renew at the end of the current term, and tenants who lose sight of the value and importance of such an option are flirting with disaster. Tenants In a nutshell, when the time comes to exercise your option do comply fully with the clause’s requirements. Make sure also that you understand and accept the exact wording of the renewal clause before you sign the lease. Drop the ball in either respect, and if your landlord wants you out for whatever reason, you will struggle to convince a court to come to…

02 Oct 2019

By Ashersons Attorneys

Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?

As a landlord in dispute with your tenant you may well be tempted to avoid the delay and cost of litigation by taking your own eviction or enforcement action. Bad idea. No matter how good your overall case may be (or how good you may think it is), taking the law into your own hands automatically puts you in the wrong. "Spoliation is the wrongful deprivation of another's right of possession. The aim of spoliation is to prevent self-help. It seeks to prevent people from taking the law into their own hands ... The cause for possession is irrelevant -…

30 May 2018

By Andrew Goldschmidt

What Happens If You Cancel Your Lease Early?

You sign a two year lease for a nice little apartment (or a large family house if you have a spouse, 3 kids and a dog) but after 6 months your employer transfers you and you have to cancel early. “Fine” says your landlord “but you are breaching your lease and I am holding you liable for the remaining 18 months’ rental”. What are your rights? As is often the case in life, that depends… Check the terms of your lease First things first, generally your most important consideration is this: “What does my lease say about termination?” Most leases…

07 May 2018

By Ashersons Attorneys

Landlord v Tenant: Consider the Tribunal Dispute Resolution Option

We all know how easy it is for misunderstandings and disputes to arise between landlords and tenants, and whilst most can be resolved with a bit of open communication and negotiation, sometimes independent intervention is needed. Enter the Rental Housing Tribunal, which uses the Rental Housing Act to “speedily resolve” landlord/tenant disputes, to balance the rights of both sides and to protect them both from “unfair practices and exploitation”. Note that this applies only to residential housing, not to commercial or industrial leases. What’s the cost and how does it work? It’s free, and to get going you lodge a…

09 Jun 2015

By Ashersons Attorneys

Renting in a complex? Read the rules!

“….. parties are free to contract as they please. The law permits perfect freedom of contract. Parties are left to make their own agreements, and whatever the agreements are, the law will enforce them provided they contain nothing illegal or immoral or against public policy” (extract from judgment below) Be warned – whether you buy into a residential complex or rent a house in one – the High Court (in the case of Van Rooyen v Hillandale Homeowners Association) has again upheld the right of Home Owners Associations (HOAs) to enforce their rules and regulations. (more…)