Remedies for Landlord when Tenant Not Fulfilling Obligations

If a tenant does not keep the property in a clean condition and undamaged, you can:

• apply to court for compensation,

• apply to court for termination of the tenancy where there has been a substantial breach by a tenant of the tenancy agreement, or

• terminate the tenancy upon 14 days notice for the substantial breach.

A substantial breach is defined as a breach of one of a tenant's statutory obligations, including the obligation to keep the premises clean and undamaged. The definition also includes a series of breaches of any of the obligations in a tenancy agreement that, combined together, have the effect of being substantial.

You also may retain part or all of a security deposit at the end of the tenancy if:

• there is more than normal wear and tear to the property,

• the requirements for inspection reports have been carried out, and

• the terms of the security deposit allow it to be applied to repairs, cleaning, or damage.

January 2006