Noncompliance with a rental agreement by the tenant

In rental law, the landlord requires the prospective tenant to fill-up rental application form, wherein the prospective tenant is required to provide the vital information needed in the rental application such as his personal data, his source of income, the number of occupants that are moving in with him and the number of pets he is bringing along upon moving in. After the tenant has finished filling-up the application form, the landlord should double check the information supplied by the prospective tenant, and if found satisfactory, the commission of the rental agreement follows wherein it should categorically state, the terms and conditions imposed on each and every tenant while in use of the property. After thorough reading and understanding of the contents of the agreement, the prospective tenant should tell the landlord if he is agreeing to all the terms and conditions stated in the rental agreement.

The landlord and tenant have to sign the rental agreement opposite each other’s name. Upon signing, the tenant has to settle the required rental advance and deposit to the landlord. On the day the tenant has moved in, the landlord should hand over the keys, the copy of the notarized lease contract and the corresponding receipt for the payment of the rental advance and deposit. If during the period of occupancy by the tenant of the rented property, the landlord found out that there is a material noncompliance by the tenant with the rental agreement, which includes falsification and omission of some vital information he provided on the rental application, the landlord may send or deliver a written notice to the tenant specifying the acts and violations which constitute the breach of the rental agreement and that it will be terminated if the breach is not remedied within ten days after receipt of the notice.

If and when the tenant has been found to have lied about having previous criminal records, prior eviction record and had been involved in criminal activities, immediate termination of the rental agreement and eviction will be enforced upon the tenant.

If the tenant has found to have violated terms and conditions which may materially affect health and safety, the landlord may send or deliver a written notice to the tenant specifying the acts and omissions he had committed constituting the breach giving the tenant five days upon receipt of notice to remedy the specified acts and omissions or the rental agreement will then be terminated. If repair and/or payment of damages have been made by the tenant as remedy to the breach, within five days upon receipt of the notice, the rental agreement will not be terminated.

If a breach that is both material and irreparable had been committed by the tenant in the rented premises, which involves activities and serious offenses prohibited and punishable by law, a written notice for the immediate termination of the rental agreement should be sent or delivered to the tenant.

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