What is the consequence of lacking an express forfeiture clause in a lease?

Prepare for the Ohio CPLTA Eastern States Test. Use flashcards and multiple choice questions with hints and explanations. Get ready for your certification exam!

The absence of an express forfeiture clause in a lease means that the lease cannot be automatically terminated or forfeited for the non-payment of rent or other obligations outlined in the agreement. A forfeiture clause explicitly allows a landlord to reclaim possession of the premises if certain conditions, such as failure to pay rent, are met. Without this clause, the landlord does not have a straightforward legal mechanism to terminate the lease based solely on these failures.

In most cases, the lack of an express forfeiture provision requires the landlord to follow legal procedures to terminate the lease, meaning that tenants still retain their rights under the lease until a proper legal action occurs. Consequently, tenants are still obliged to make payments as stated in the lease, even if they might be experiencing difficulties. Thus, the lease remains valid, and the payment obligations continue, protecting both parties' interests and ensuring that tenants cannot be easily evicted without due process.

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