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Residential TradingLease AgreementsONMEDIUM

A landlord client wants an additional term in the lease saying that if the tenant is late with any rent payment, all rent for the rest of the one-year term becomes due immediately. How would this term be treated?

Correct Answer

D) It is void and cannot be enforced

Section 15 of the Residential Tenancies Act, 2006 says a provision making all or part of the remaining rent, or a specific sum, due on a tenant's default in paying rent or carrying out an obligation is void. Such an acceleration clause cannot be enforced, however it is drafted or signed.

Answer Options
A
It is enforceable if the tenant initials it beside the clause
B
It is enforceable, but only after two late payments in a row
C
It is enforceable once the Board confirms it at a hearing
D
It is void and cannot be enforced

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Key Terms

acceleration clausesection 15void termadditional terms
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