Tenant Does Not Follow Conditions, Covenants and Restrictions

Conditions covenants restrictions are all common parts of a rental agreement. Whether you have a commercial or residential rental, if a tenant fails to follow conditions, covenants and restrictions that are spelled out in your rental agreement, you have legal rights. The extent of your legal rights will depend on the terms of the contract but may include monetary compensation or the right to evict in some cases. Commercial tenants and landlords are governed by different laws than are residential tenants.

Conditions within a Rental Agreement

As long as conditions are within the law, landlords and tenants can agree to specific conditions in a rental agreement. Failure for either party to comply with the stated (legal) conditions may result in legal action. Landlords legal rights may include the right to evict a tenant who fails to comply with rental agreement conditions.

Covenants within a Rental Agreement

A covenant is any terms in a rental agreement on which both parties agree to contract. It is a general term and may refer to some parts or all of a rental agreement. Failure to comply with covenants specified in a rental agreement can result in legal action.

Restrictions within a Rental Agreement

Both landlords and tenants may include certain restrictions within a rental agreement as desired to help ensure that their interests in the property are protected. Failure to comply with any contract terms may result in legal action.

Getting Legal Advice

If you have real estate questions regarding the failure of a tenant to follow conditions, covenants and restrictions of a rental or lease agreement, it is a good idea to discuss your agreement with a real estate attorney. An experienced attorney who handles such agreements and understands local and federal law in this area can help you figure out what your options are and make sure you only take actions within the confines of the law.

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