Corrective measures for the owner are mutual aid, also known as the “Jervis v Harris clause”. This special remedy is available if the tenant does not make repairs. The landlord can enter the property, make repairs and recover the tenant`s expenses. However, the owner must be careful not to go beyond the specific fault related to the injury, as this may be akin to an offence. Whatever a lessor`s legal remedies, the legal route will be stressful, time-consuming and costly. In this context, homeowners may consider a more flexible approach to the inclusion of alternative payment agreements. Similarly, the courts will not judge opportunistic tenants who openly oppose their contractual obligations. The just remedy for certain services can be used to compel a tenant perhaps to carry out repair work. Or, if the tenant performs or has performed unauthorized work or has breached the disposal provisions of the tenancy agreement (illegal departure with the ownership of the premises), a referral order may be used. Legal proceedings can only be initiated if the tenant does not refuse, within a reasonable time, to remedy the offence, if it can be done to remedy the situation, and if he is compensated in cash for the injury to the satisfaction of the lessor. Subject to the tenancy agreement, a landlord has in principle several options in case of loss of tenant.
Many commercial leases also offer the lessor the opportunity to increase some or all of the tenancy that is due on the rest of the tenancy agreement in the event of a tenant`s default, making this amount currently due. Directors/property owners: Do not maintain the property, repair something that has been broken, or provide the services listed in the agreement Before the termination of a lease, owners must know and consider the possible consequences of this decision. In the event that a lessor decides to terminate the lease, it will be required to mitigate or minimize its loss and any damage it may suffer. To the extent that a claim is necessary for the non-due portion of the lease in question, a lessor must make reasonable efforts to lease the premises in order to reduce the amount of damage he will suffer during the remaining term of the previous lease, or risk incurring damages that he could have invoked to recover what the court could have recovered.