Expertise
Lease & Tenancy Disputes
Lease law covers tenancy relationships arising from the use of residential, commercial, office, storage and business premises — the rights and obligations of tenant and landlord, rent, eviction, and rent determination and adaptation. Drafting the contract correctly, keeping payment records and observing notice and filing deadlines are essential; failure to follow proper procedure can cause serious loss of rights. Our firm serves both tenants and landlords.
Lease Contracts and Rent Claims
The lease contract is the foundation of the relationship. Rent, increase rate, payment date, deposit, dues, purpose of use, eviction conditions, fixtures and the term must be clearly regulated. Incomplete or vague contracts can lead to eviction, debt and compensation disputes.
Where the tenant pays rent partially or not at all, enforcement proceedings or a lawsuit may be brought to collect it. The lease, bank receipts, payment records, notices and correspondence are important.
Eviction Actions
Eviction of a tenant may be sought on the grounds below. Deadlines and notice requirements are critical; incorrect or late steps can prolong the process:
- Non-payment of rent (default and two justified notices)
- Eviction based on a written undertaking, valid and acted upon in time
- Eviction for need (the landlord’s or relatives’ genuine housing/business need)
- Eviction for reconstruction or redevelopment
- Breach of contract and other statutory grounds
Rent Determination and Adaptation
Rent-determination actions set the rent according to current conditions and comparable rents, arising especially in long tenancies where a significant gap forms between the current rent and the market.
Rent-adaptation actions may be brought where extraordinary economic changes or unexpected events disturb the balance of the contract. Location, comparable rents, contract term, increase terms and economic conditions are assessed.
Deposit, Dues, Misuse and Commercial Lease
At the end of a tenancy, return of the deposit, damage to the property and responsibility for dues and common expenses may be disputed. Where the tenant misuses or damages the property, compensation is claimed; damage assessment, delivery records and expert review are important.
In commercial leases, rent increases, term, subletting, purpose of use, renovation, permits and operating licences matter. A commercial lease should be drafted to suit the business and to prevent long-term risks.
Our Lease Law Services
Our main services for tenants and landlords:
- Drafting and reviewing residential and commercial lease contracts
- Collection of unpaid rent through enforcement and litigation
- Eviction actions; enforcement and litigation based on an eviction undertaking
- Eviction for need and for two justified notices
- Rent-determination and rent-adaptation actions
- Deposit, dues and common-expense disputes
- Compensation for misuse and damage to the property
- Advisory for tenants and landlords
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Lease & Tenancy Disputes
If the undertaking is valid, enforcement or court proceedings may be initiated within one month of the promised date. Validity — date, signature and whether it was given after the lease was established — must be examined in each case.
For residential leases, increases may not, as a rule, exceed the twelve-month average of the consumer price index. After five years, a rent-determination action may set the rent at market level.
When rent is unpaid, a proper notice must be served and, once default occurs, enforcement or an eviction action pursued. Two justified notices within a lease year can also be a ground for eviction. Observing deadlines and notice requirements is important.
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