Right of landlord to perform: Overview, definition, and example
What is the right of landlord to perform?
The right of landlord to perform refers to a provision in a lease agreement that grants the landlord the authority to take certain actions or perform specific obligations if the tenant fails to meet their responsibilities under the lease. This could include making repairs, maintaining the property, or fulfilling other obligations that the tenant is legally required to address. In the event that the tenant does not carry out these duties, the landlord may have the right to intervene and complete the necessary actions, often at the tenant's expense.
This right is commonly included in lease agreements to ensure that the landlord has the ability to protect the property and maintain its value, especially if the tenant neglects their duties or causes damage to the property.
Why is the right of landlord to perform important?
The right of landlord to perform is important because it protects the landlord's property and ensures that necessary maintenance and repairs are made promptly, even if the tenant fails to comply with the terms of the lease. It allows the landlord to take immediate action to prevent further damage, maintain safety, and preserve the value of the leased premises.
For landlords, this right provides a way to mitigate risks and maintain control over the condition of their property. For tenants, this right helps ensure that they fulfill their obligations and that the landlord can intervene if they are not maintaining the property or meeting other responsibilities outlined in the lease.
Understanding the right of landlord to perform through an example
Imagine a tenant in a commercial property who is responsible for maintaining the plumbing. If the tenant fails to repair a leaking pipe and the leak causes significant water damage, the right of landlord to perform allows the landlord to step in and make the necessary repairs to prevent further damage to the property. The landlord can then charge the tenant for the costs incurred in fixing the issue.
In another example, a residential lease may specify that the tenant is responsible for keeping the lawn tidy. If the tenant neglects this responsibility, the landlord has the right to hire a landscaping service to mow the lawn and charge the tenant for the cost of the service, ensuring the property remains presentable.
An example of a right of landlord to perform clause
Here’s how a right of landlord to perform clause might appear in a lease agreement:
“If the Tenant fails to perform any obligation under this Lease, including but not limited to maintenance and repairs, the Landlord shall have the right to perform such obligations at the Tenant’s expense. The Landlord shall provide the Tenant with written notice of their failure to perform, and if the Tenant does not correct the issue within [X] days, the Landlord may proceed with performing the necessary actions and charge the Tenant for all related costs.”
Conclusion
The right of landlord to perform is a crucial clause in lease agreements, giving landlords the authority to take action when tenants fail to meet their responsibilities. It ensures that the landlord can protect their property, prevent further damage, and maintain the premises' value. For tenants, understanding this right reinforces the importance of fulfilling their obligations under the lease to avoid additional costs or legal complications.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.