Forfeiture Of Lease in United States
Practical Information
Note: Some of this information was last updated in 1982
The right of a landlord to terminate the lease (in U.S. law) if the tenant fails to pay rent or commits any other violation of the terms of the leases. Practically all leases provide that the lease may be forfeited and the tenant evicted for nonpayment of rent or for any other violation of the terms of the lease. Some leases require the landlord to give the tenant both notice of intention to forfeit and a period of grace. Upon forfeiture, the landlord has the right to enter and take possession of the property, unless he or she has waived the violation. Waiver may be implied if the landlord accepts rent with knowledge of the violation. When the landlord evicts a tenant because of the latter’s default (in U.S. law), the tenant’s liability for future rent is ended unless the lease contains a survival clause, providing for continuance of such liability after eviction (in U.S. law). Landlord’s remedies, under a survival clause, are much the same as in the case of abandonment of the premises by the tenant. See abandonment (in U.S. law).
What is Forfeiture Of Lease?
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