Once the land has been abandoned, the owner is allowed to enter and repossess. As it is not always clear whether the premises were actually abandoned, it is good practice for the owner to apply for a court order. If the landlord tries to take possession and repossess, but the premises have not really been abandoned, then they will have to violate the lease and eventually compensate the tenant. If the tenant does not move on the termination date and continues to occupy the premises, the landlord must first remind the tenant that he must leave immediately. If this does not work, the owner must apply to the court for a withdrawal order. The landlord should not attempt to remove the tenant himself. If necessary, the sheriff and/or police may remove a tenant who refuses to leave despite a withdrawal order. The lessor can apply to the court for a termination order at any time if he or she is experiencing “unreasonable difficulties” due to special circumstances, if the lease is not terminated. “Unreasonable distress” means that the landlord will suffer some kind of injustice if the lease continues. “Special circumstances” include an exceptional situation that creates injustices for the owner if the lease continues. There are no definite circumstances, but one example would be that an owner`s current residence was destroyed by fire and they had to occupy the rented premises because they have no other accommodation options. There are two types (check your lease under “Duration” or “Convention”): our policy is to carry out a final check within 48 hours if all keys, remote controls, etc.
are returned to our office (if any). Based on what has happened, most inspections must be carried out directly. Our reference is always the initial status report, supplemented by both parties at the beginning of the lease. A loan application form is completed and signed by the tenant and agent to release the loan to the tenant. The agreed deductions can be deducted from the loan. If a tenant wishes to move before the end of a fixed term, it is usually the best way to inform the landlord and help him and find the other roommates a new roommate who must give in the outgoing roommate. If the lessor agrees, the tenancy agreement should be amended to include the new tenant and remove the outgoing tenant. If the court decides to terminate the lease, it can order the immediate withdrawal of the premises leased by the owner. This means that the tenant must evacuate the premises as soon as possible, or he can be evacuated by the sheriff.
As a general rule, if the offence is very serious and causes some kind of damage or loss to the owner, then it will be considered sufficient for termination. Alternatively, if the violation is relatively minor and/or if the termination would be very harsh on the tenant, then the court is less likely to apply for dismissal.