With respect to the breach of the lease agreement, the court found that the landlord had been wronged when he terminated the lease without notice and before the tenant was in default. The court found that she had paid her rent after the 15th day of the month, when the rent was to be paid, referring to the previous rental income that was granted to the tenant. 3. Any person who enters into an agreement in advance to lease or sublease residences or premises that leases more than six moths is considered an offence under paragraphs 2 and 4. Any building or premises comprising dwellings and included in a rental or lease agreement with dwellings that the lessor legally owned on January 1, 1957 or legally obtained after that date, provided that the freedom of ownership was not acquired as part of an order to recover ownership of the building or premises and was not acquired , the reasons set out in Section 6, paragraph 1, point (f) of this Act 5. Accommodation that includes housing that is included in a lease or lease with such dwellings — the Hong Kong court found that the 10-day period during which the apartment was uninhabited under the segregation by-law was quite insignificant in terms of overall use of the premises. The eruption did not significantly alter the nature of the outstanding contractual rights contemplated by the parties in the implementation of the lease. Similarly, it may be difficult to demonstrate that the blockage significantly alters the contractual rights and obligations originally envisaged by the parties. A tenant should therefore receive careful legal advice before relying on it. Yes, if the lease has a force majeure clause with a broad enough interpretation to encompass current events.
As a general rule, a force majeure clause excuses or suspends one or both parties from fulfilling their obligations under a contract as a result of certain events of force majeure, i.e. events beyond its control, such as floods, natural disasters, epidemics and pandemics. A tenant who wishes to invoke a case of force majeure to suspend his tenancy obligations must carefully check his tenancy agreement and ensure that COVID 19 and the blocking are directly covered by the force majeure clause provided. In addition, it was found that, in the light of a formal tenancy agreement, the lessor would not terminate the tenancy agreement capriciously without a court order and would seize the tenant`s property. A common obligation in leases is to „respect all the requirements of the laws, laws, statutes and other obligations that apply to rental premises.“