Breach of a tenancy, i.e. that the tenant or landlord acts contrary to the tenancy agreement or tenancy legislation, may result in the termination of the tenancy. Default on the part of the tenant can be non-payment of rent, use of the tenancy for a purpose other than that agreed, vacating the tenancy prematurely without agreement with the landlord, or failure to maintain the tenancy. Default on the part of the landlord can be failure to maintain the lease, insufficient information when entering into the lease, or failure to approve the tenant when moving out. It is possible to terminate the tenancy in case of default depending on the circumstances, but in some cases it is necessary to have a reason for the termination, e.g. when moving out from the landlord. In the event of default, it is also possible to rectify the shortcoming and make a claim against the guilty party.
As a renovation company, we always have a lawyer attached to help the tenant, should something arise with the landlord renovation upon moving out. You are always in good hands with Uftlytningsgaranti.
Lessee's default
Breach of an apartment refers to actions that violate the terms of the lease or rental laws. This may include non-payment of rent, use of the lease for purposes other than those agreed with the landlord, premature vacating the lease without the landlord's consent, failure to maintain the lease, or violation of other terms of the lease.
Non-compliance by the tenant may lead to the landlord having the option of terminating the tenancy. However, this requires the landlord to send the tenant a demand for payment of rent or a cancellation letter, depending on the specific type of default. The tenant typically has 14 days to remedy the breach before the cancellation can take place.
Landlord's default
Landlord's default The landlord can also default on the lease, e.g. by not maintaining the tenancy in a proper condition.
Landlord's breach Landlord's breach of the tenancy may also be the reason why the tenant has the opportunity to cancel the lease. Some examples of the landlord's default can be:
Lack of maintenance The landlord has a duty to maintain the tenancy so that it always meets the requirements for a habitable tenancy. If the landlord does not carry out this maintenance, or if the maintenance is not sufficient, the tenant can demand that the deficiency be rectified. If the lessor does not rectify the defect, the tenant can have the defect rectified at the lessor's expense and subsequently make a claim against the lessor for the repair costs.
Failure to ensure the integrity of the tenancy The lessor is also obliged to ensure the integrity of the tenancy so that it is not exposed to damage or vandalism. If the landlord does not ensure the integrity of the tenancy, and the tenancy is therefore exposed to damage, the tenant can also demand that the deficiency be rectified.
Lack of permission to make changes The tenant is not allowed to make changes to the lease without the landlord's permission. If the landlord does not give permission for changes when the tenant has requested it, the tenant can cancel the lease. However, this only applies if the changes are reasonable and will not cause significant disadvantages for the lessor.
Lack of ownership If the landlord does not have the ownership of the lease, the tenant can cancel the lease. This also applies if the landlord has been forced out of the tenancy, or if the tenancy has to be demolished or changed significantly.
In most of the above cases, the tenant can terminate the lease if the breach is not rectified within a reasonable period of time. The period depends on specific circumstances in each individual case, but it may be necessary to give the lessor a reasonable period of 14 days.
Contact us if you need help with painting work, floor sanding, cleaning upon moving out and renovation in general.