Landlord Applies to Court for Damages or Arrears of Rent

If you breach a tenancy agreement, your landlord can apply to court for an order that you pay damages to compensate the landlord for the breach. The landlord can apply for damages alone, or can apply for damages plus orders to end the tenancy or for possession of the property as well.

A landlord can apply to court for:

• recovery of rent that has not been paid ;
• damages for a breach of the tenancy agreement, for example compensation for damaged property or lost rent where other tenants have been forced to move because of your conduct ; and
• compensation where you have stayed in the premises after a tenancy is over or has been terminated. In this kind of situation you are referred to as an overholding tenant.

To apply to court for damages, the landlord needs to (see sidebar links):

• follow the required procedure
• prepare the affidavit as required

May 2005