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Landlord & Tenant

Termination and Eviction: Where Landlord Claims Usually Fail

Most unsuccessful eviction claims are not lost on the merits. They are lost on notice, on documentation, or on a lease that was never drafted for the situation that arose.

11 June 20265 min read

Landlord and tenant disputes are among the most procedurally unforgiving matters we handle. A landlord with an unanswerable case on the facts can still fail because a notice was served incorrectly or because the lease does not say what the landlord believes it says.

The lease is the case

Term, renewal mechanics, permitted use, the consequences of late payment and the grounds for termination should each be addressed expressly. Leases assembled from generic templates routinely omit the provision that turns out to matter.

Notice is a substantive requirement

Form, content, addressee and method of service are not technicalities — they are the conditions on which the right to terminate depends. Where notice is required to be notarised, an informal communication will not substitute for it, however clearly it conveyed the message.

Document the arrears properly

A payment ledger, bank records and copies of any partial payments should be assembled before filing. Partial payments accepted without a reservation of rights are a recurring and avoidable problem.

Weigh settlement honestly

A negotiated departure on a fixed date, with arrears addressed, will often return the property faster than a contested proceeding. That comparison should be made deliberately at the outset, not reached by exhaustion.

This article is general commentary and does not constitute legal advice on any particular matter.

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