It should be noted that this type of case is sensitive to the facts. However, the legacy of the case is that, when entering into a lease agreement, it is possible to include a compensation clause in the agreement to ensure that the aggrieved party is compensated for the amount negotiated and agreed upon by the parties. However, such an amount of compensation should not be extravagant or unacceptable in relation to the damages that may be suffered. Otherwise, the compensation clause will be recognized as a punitive clause and will no longer be applicable. The penal clause is not applicable It is proven that the Court of Justice will not apply a sanction clause to allow a party to recover, in an appeal, an amount greater than it would have under the common law. If you resolved the issue before the end of the lease, it should be taken out of the extract inventory report. Subsequently, the landlord did not provide the free property on March 15, 2010 and the tenant claimed damages for 12 months of rent as agreed compensation. The district court judge ruled in favour of the tenant. Maintaining a good relationship is priceless when it comes to protecting your investment. TDS firmly believes that communication is the key to successful rentals, but a carefully crafted lease is also key.
You will find other useful articles for the owners on our blog, for example. B our Policy Briefing on the current right to rent and best practices for electricity bills. Examples of second type of damage can be things like a tenant. B who lost the use of his living room due to water damage due to a roof leak, or a landlord who lost a potential rent because the tenant left earlier than is allowed by his rental agreement. If a homeowner terminates a lease under Section 42 of the Manufactured Home Park Tenancy Act to convert all or a substantial portion of the residential park produced into non-residential use or residential use other than a residential park produced, they must: Some landlords include in their lease agreement a list of standard repair costs. This list contains different types of damage and how much you charge the tenant to repair it. You could write z.B. “Replace the missing smoke detector: $40 or “Replace broken glass in the window: $150.” However, there are pros and cons to this approach.