ST KITTS & NEVIS Law and Practice Contributed by: Dahlia Joseph Rowe and Daisy Joseph Andall, Joseph Rowe, Attorneys-at-Law
notice to quit on the tenant for breach of the terms of the lease. 6.19 Right to Terminate a Lease It is standard for a lease to include a clause pro - viding that a tenant may terminate the lease by giving written notice to the landlord. There is no requirement in law for tenants to outline why they are terminating the lease. A landlord may give the tenant notice to quit in the following circumstances: • the tenant is in default of paying rent for over 60 days; • the tenant has been in breach of the obliga - tions under the lease for over 30 days; or • any of the conditions set out in the Rent Restriction Act for recovery of possession are satisfied. 6.20 Registration Requirements A lease of three years or more is required by law to be registered in the Registry of Deeds and noted as an incumbrance on the property. Reg - istration is usually undertaken by the landlord. The taxes and fees payable on registration are minimal. If the lease is executed in St Kitts and Nevis, it is required to be executed before a witness. If the lease is executed overseas, it is required to be executed before a notary public. A written lease is valid if it satisfies the common law elements governing a lease, in that it: • identifies the lessor and lessee;
• allows for exclusive possession by the tenant; and • is signed by both parties. Additionally, a lease can be made orally; how - ever, this is not normally done as an oral lease is unenforceable and recourse for any breach would only be granted if part performance of the oral lease can be shown, so as to satisfy a court that there was, in fact, an oral agreement to lease the property. 6.21 Forced Eviction The Rent Restriction Act outlines in detail the circumstances upon which the landlord can for - cibly recover possession of the rented premises. The Act states that the court may make an order evicting the tenant and granting recovery of pos - session to the landlord in the following circum - stances: (a) Some rent lawfully due from the tenant has not been paid for at least 60 days after it has become due. (b) Some other obligation of the tenancy (whether expressed or implied) has been broken or not performed and, in the case of non-performance of any such obliga - tion by the tenant, the tenant has been in default for at least 30 days. (c) The tenant or any person residing or lodging with him or her or being his or her subtenant has been guilty of conduct that is a nuisance or annoyance to adjacent or adjoining occupiers, or has been con - victed of using the premises or allowing the premises to be used for an immoral or illegal purpose, or the condition of the premises has, in the opinion of the court, deteriorated or become insanitary ow - ing to acts of waste by, or the neglect or
• identifies the property; • is for a finite duration; • outlines that rent is to be paid;
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