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Relief against forfeiture

It is possible to apply to a court for relief against forfeiture of a lease. This involves an application for an injunction supported by an affidavit seeking an order that the landlord allow the tenant to move back into the premises. It is usually necessary to prove that the landlord failed to give reasonable notice of the breach (except for arrears of rent), that there was no breach, that the breach is trivial or that the breach will be rectified promptly. Relief will not be given simply because the tenant will suffer undue hardship by losing the premises.

Relief against forfeiture  :  Last Revised: Wed Mar 13th 2002
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