How can a landlord enforce a lease termination clause?

2 Notify the tenant

When a landlord wishes to enforce a lease termination clause, they must notify the tenant of the intention to terminate the lease and the reasons behind it. This should be done in writing, preferably by certified mail or personal delivery, and a copy should be kept for evidence. The notice should include the date and address of the notice, the name and address of both landlord and tenant, the description and location of the leased property, the particular clause and section of the lease agreement that allows for termination, the specific event or condition that triggered this clause (e.g., non-payment of rent, breach of contract, or damage to property), the date by which the tenant must vacate or cure any breach, as well as the consequences of failing to do so (e.g., eviction, legal action, or forfeiture of security deposit). The signature of the landlord or their agent should also be included.

3 Take legal action

The third step for a landlord who wants to enforce a lease termination clause is to take legal action if the tenant does not comply with the notice or disputes the lease termination. The landlord may file a lawsuit against the tenant for breach of contract, eviction, or damages, depending on the situation and the lease agreement. The landlord may also seek a court order to enforce the lease termination clause and obtain possession of the property. The landlord should consult a lawyer who specializes in commercial leasing to advise on the best course of action and represent the landlord in court.

4 Mitigate damages

The fourth step for a landlord who wants to enforce a lease termination clause is to mitigate damages after terminating the lease and evicting the tenant. The landlord has a duty to mitigate damages by making reasonable efforts to re-rent the property as soon as possible, and to reduce the losses caused by the tenant's breach or default. The landlord may deduct the costs of repairing, cleaning, advertising, and re-renting the property from the tenant's security deposit or sue the tenant for the remaining balance. However, the landlord cannot double-rent the property or charge the tenant for rent that the landlord could have avoided by re-renting the property.

5 Document everything

The fifth step for a landlord who wants to enforce a lease termination clause is to document everything related to the lease termination and the eviction process. To ensure they have the necessary records to support their claim and defense in case of a dispute or lawsuit, the landlord should keep track of the original lease agreement along with any amendments or addenda, written notice of lease termination and proof of delivery, correspondence and communication with the tenant before and after the lease termination, invoices and receipts of expenses incurred to repair, clean, advertise, and re-rent the property, new lease agreement with the new tenant (if applicable), and court documents and orders (if any). These documents are essential for landlords to have in order to protect their rights.

6 Seek professional help

The sixth and final step for a landlord who wants to enforce a lease termination clause is to seek professional help from experts in commercial leasing. The landlord may need the assistance of a lawyer, a property manager, a broker, an accountant, or a mediator, depending on the complexity and severity of the situation. The landlord should seek professional help to ensure that the landlord complies with the lease agreement, the law, and the best practices, and to protect the landlord's interests and rights.