Relief from forfeiture application

A relief from forfeiture application is a critical legal remedy available to tenants when their lease has been forfeited by the landlord, often due to a breach of the lease terms.

This process allows the tenant to request that the court reinstate their lease, enabling them to continue occupying the premises. Understanding the process and grounds for making a relief from forfeiture application is essential for tenants who wish to protect their business operations and property interests.

What is a relief from forfeiture application?

When a landlord forfeits a lease—typically by taking back possession of the property—due to the tenant’s breach of lease terms, the tenant has the right to apply to the court for relief from forfeiture. This application, if successful, can restore the lease, allowing the tenant to continue under the original terms, provided they meet certain conditions.

Grounds for a relief from forfeiture application

A tenant can apply for relief from forfeiture on various grounds, including:

• Remedied breach: The most common ground for relief is when the tenant has rectified the breach that led to forfeiture. For example, if the forfeiture was due to non-payment of rent, the tenant must pay the outstanding amount, including any interest and legal costs.
• Insolvency: If the tenant’s lease was forfeited due to insolvency, relief may still be possible if the tenant can demonstrate financial recovery or a credible plan to meet future lease obligations.
• Equity and fairness: The court may grant relief if it believes that the forfeiture was disproportionate to the breach or if it would be unjust to enforce the forfeiture, especially where the tenant has made efforts to comply with the lease terms.

The relief from forfeiture application process

The process for seeking relief from forfeiture generally involves several key steps:

1. Act promptly: Time is of the essence in these cases. A tenant must apply for relief as soon as possible after the forfeiture occurs, as delays can weaken the application.
2. File the application: The tenant must file an application with the appropriate court, outlining the reasons for seeking relief and providing evidence that supports their case, such as proof of payment or efforts to remedy the breach.
3. Court hearing: The court will schedule a hearing where both the tenant and landlord can present their arguments. The court will consider various factors, including the nature of the breach, whether it has been remedied, and the overall fairness of the situation.
4. Court decision: If the court grants relief, the lease is reinstated under its original terms, with any necessary conditions imposed by the court. If relief is denied, the forfeiture stands, and the landlord retains possession of the property.