A property manager receives a complaint that a tenant is operating a commercial dog grooming business from a residential property in breach of the lease. The local council confirms this violates zoning laws. What is the most legally sound approach?
Correct Answer
A) Issue a breach notice requiring the commercial activity to stop within the notice period.
A breach notice (notice to remedy) is the right first step: it tells the tenant what the breach is and gives them the period set by the state's law to stop the activity. Remedy periods differ between states (Queensland, for example, sets a minimum of 7 days), so the answer does not depend on one number. If the tenant does not comply, the landlord can then seek termination.
Why This Is the Correct Answer
Using the premises for a business in breach of the lease and zoning is a remediable breach. The proper first step is a breach notice requiring the commercial activity to stop within the notice period, followed by termination proceedings only if the tenant fails to comply.
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