Lease Termination Rules
There are termination rules outlined in a lease, which is a legally binding agreement and contract. Neither party can legally terminate the lease without agreement from the other party. If justified reasoning occurs and either party has to terminate the lease, an agreement should be worked out. If no agreement is worked out between the landlord and tenant, the courts can be petitioned to make a legal ruling.
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Misconduct of Landlord
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If the landlord does not abide by the lease agreements, this could be grounds for the tenant to have the lease terminated. Landlords may not violate the privacy of the tenants and enter the rental property at will. A tenant must be given at least 24 hour notice of entry. Any type of misconduct of a landlord is not permitted, such as harassment of any kind. Not only can the lease be terminated as a result, but the courts could also demand the landlord stay away from the tenant temporarily or permanently.
New Ownership
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If new management or owners take over ownership of the property, the new owners have the right to terminate the lease of the current tenant. The landlord can opt to keep the tenants and have a new lease agreement signed, or carry out the terms of the existing lease agreement with the previous owner. Lease termination rules require the new owner to give the tenant at least 30 days notice before terminating the lease, so the tenant may find a new home.
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Unruly Tenants
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The tenant has obligations outlined in the lease agreement, such as paying rent on time. If the tenant does not pay the rent as agreed, this is a violation of the terms in the lease, and the contract may be terminated. Some landlords give the tenants warnings, and allow late rental payments plus any fees or interest accrued from the late payment. However, if the tenant does not pay at all, this can lead to an eviction and lease termination. Each state has different policies on how much notice a landlord must give a tenant with evictions. Some states allow three-day evictions.
Extenuating Circumstances
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Tenants can become ill, transfer jobs or have other personal or legal issues that force them to have to terminate the lease. If the tenant has a legally justified reason or order for why he or she needs to terminate the lease, the landlord must take this into consideration. The landlord may ask the tenant to pay a specific amount for his or her loss. If the tenant and landlord can not come to an agreement, then the courts can be petitioned by either party, and then a judge or magistrate will make a decision as to whether the lease will be terminated or not.
Agreement of Both Parties
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If the landlord and tenant are in agreement that the living arrangements are not working out for any reason, lease termination rules allow for legal termination of the lease. The tenant may feel the landlord does not keep up with his or her responsibilities, and ask to be let out of the lease. Likewise, the landlord may feel the tenant is not the best tenant and can give the tenant the option to terminate his or her lease. As long as both parties are in agreement, the lease may be terminated legally at anytime.
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