Landlord Remedies for Substantial Breach by Tenant

If you break one of the obligations of the tenancy that is set out in the Residential Tenancies Act, it is called a substantial breach.

A substantial breach can also be a series of breaches of your residential tenancy agreement or lease that, when taken together, are substantial. A series of breaches can include breaches of other obligations agreed to by you and the landlord.

A landlord can serve a notice for substantial breach in a fixed term or periodic tenancy.

The obligations that the Residential Tenancies Act require you to carry out after you make a tenancy agreement are the following:

• To pay rent when it is due: If you are continually late paying your rent, that can also be a substantial breach, even if you finally do pay the rent each time.
• Not to interfere significantly with the rights of the landlord or other tenants
• Not to carry on an illegal business or do anything illegal at the rented property
• Not to do anything at the rented property that would put anyone in danger
• Not to do significant damage at the property or allow anyone else to
• To keep the property in a reasonable, clean condition
• To leave the property when the rental period is over or when the tenancy is ended
• To give the required notice period to end a periodic tenancy

A substantial breach may also be a series of breaches that include breaches of other obligations that you agreed to with your landlord.

If you commit a substantial breach, a landlord has the following courses of action available to him (see sidebar for links):

• Serve you with a fourteen day notice to leave the premises
• In the case of physical assault or damage to the property, serve you with a 24 hour notice to leave the property
• Apply to court to end the tenancy

May 2005