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Home > Disputes > Just the Facts > Landlord Remedies > Apply to Court for Damages or Arrears
Applying to Court for Damages or Arrears of Rent
If a tenant breaches a tenancy agreement, you can apply to court for an order that he pay damages to compensate you for the breach. You can apply for damages alone, or for damages plus orders to end the tenancy or for possession of the property as well.
You can apply to court for:
- recovery of rent that has not been paid;
- damages for a breach of the tenancy agreement, for example, compensation for damaged property or lost rent where other tenants have been forced to move because of a tenant’s conduct; and
- compensation where a tenant has stayed in the premises after a tenancy is over or has been terminated. In this kind of situation, he is referred to as an overholding tenant (see sidebar link).
To apply to court for damages, you need to (see sidebar links):
- follow the required procedure
- prepare the affidavit as required
January 2006
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