What notice to give to release from all claims? Download our Formal Notice of Rescission of Lease now if your tenant is released from the lease agreement.
Being a landlord or real estate owner means that you might be dealing with an unpleasant situation you need to formally apply for rescission of a lease agreement. In this case, you can send this formal Notice of Rescission of Lease to inform your tenant about his/her rescission of the lease.
Please note a rescission can be distinctive from a termination since a rescission can be conducted cause of misrepresentation or other circumstances in which rescission may be available to a tenant. Whether restitution is available as a remedy for a misrepresentation or misleading and deceptive conduct will depend on all circumstances.
Misrepresentation and misleading and deceptive behavior are complex doctrines of law, on which new legislation is applicable. This makes it more complicated when a serious misrepresentation or
misleading or deceptive conduct has happened to a tenant, which might be the cause to terminate a contract. In any case, we advise looking for professional legal advice to support your case.
This template is still relevant and can be helpful in the next step: to set up the communication between landlord and tenant. Cause, if a party is looking into a possibility to break their lease due to a misrepresentation, the first step that cannot cause any harm, is by sending this formal Notice of Rescission of Lease to the landlord or tenant, which enable the party to terminate the contract immediately.
When can you rescind a tenancy agreement?
In general, when one of the involved Parties feel the need to rescind a lease agreement, for example when there has been a fraudulent misrepresentation, or a possibly a reckless/negligent misrepresentation. In a case of rescinding an agreement because of a misrepresentation, the burden of proof will be with the tenant to show that there has been a clear and unequivocal communication of their decision to rescind and to evidence that a misrepresentation sufficient to merit the rescission has occurred.
In this case, the tenant’s conduct must be consistent with the decision to rescind the agreement. If a tenant continues to act as if bound by the contract or gain benefit from contract then the landlord can increasingly engage the defense of affirmation and argue that the tenant has affirmed the contract. If affirmation occurs then the tenant may be rendered liable to a claim for lease break if they later return the keys on the basis of an alleged rescission. Please note, while confirmation may reduce the prospects of rescission and restitution, it does not stop you from trying other remedies, like rectification or damages.
Try out our online Free and Premium Legal templates, forms and contracts today. We provide several useful templates for landlords and tenants, to exercise their rights in a formal way. Working with our templates guarantees you will save time, costs and efforts!