Every contract has a set of terms which bind the parties.

The landlord or seller has certain restrictions, the tenant or buyer has others. In a real estate contract the most common breach is failure to pay monies due, but there are many other contract terms that must be honored. When a breach occurs, your first step is to give Notification of BREACH OF CONTRACT. This is a free form that you can download from this site today.

Quiet enjoyment is a contract right that can be breached by the seller or landlord. While the landlord or seller may reserve the right to periodically inspect the premises, it must be done on appropriate days and reasonable times of day...and with advance notice. In addition, a reasonable time must pass between inspections.

In the interest of protecting their investment, some landlords or sellers have intruded on their buyer’s/ tenant’s privacy by asking questions of neighbors or customers. This is an unreasonable violation of quiet enjoyment and is also a BREACH OF CONTRACT.

When a landlord has agreed to perform certain maintenance duties and fails to do so, it is a breach of contract. There may be a good reason...such as non-payment of rent ... but if repairs are called for in the contract, they are still an obligation to the landlord.

A buyer or tenant has even more ways to breach a contract. For instance, by carrying on an illegal activity. This could be anything from actual criminal conduct to something as innocent as offering day care services in a neighborhood where all commercial activity is disallowed.

Other common clauses that bind tenants involve keeping pets, making alterations, subleasing, and can even include personal activities. Many landlords prohibit the keeping of pets, or require an additional damage deposit to do so. If you agree not to, and do it anyway, you’ll be in default. Some leases prohibit tenants from putting nails in the walls to hang pictures or using screws to hang a towel bar or plant hanger. Most leases prohibit subleasing. Some leases prevent smoking or use of alcohol inside the building.

If you are leasing a commercial property, your lease may prohibit you from spending the night in your unit or may limit the kinds of business activity allowed.

Any time you engage in an activity that is prohibited by your lease, you are in Breach of Contract and the landlord has the right to take legal action against you.

When purchasing, a buyer agrees to maintain the property, keep it fully insured (with the lienholder named on the policy,) and to pay all real estate taxes when due. Failure to do any of these will result in a BREACH OF CONTRACT.

If the other party to your contract has failed to uphold the terms of that contract, it is up to you to put him or her on notice with a Notification of Breach of Contract. The breach may have been unintentional and the other party can take steps to come back into compliance. However, if the breach was intentional, this form will put that person on notice that you are aware and that you do intend to seek all legal measures to remedy the situation.

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