What if Landlord Violates Lease Agreement?

Not maintaining the property might be grounds to terminate a lease.

Rental leases are agreements by the tenant and landlord to perform specific duties (e.g., rent from the tenant and maintenance by the landlord). A landlord who fails to keep promises laid out in a lease agreement has violated it.

Identification

If the tenant can demonstrate a lease violation by the landlord in court, then the tenant may be allowed to legally vacate the premises--known as "constructive eviction."

Considerations

If the court sides with the landlord in a lease disagreement, then the tenant will owe any withheld rent and related damages to the landlord.

Features

Since leases lay out very specific guidelines in the agreement, most cases are fairly cut and dry. However, courts generally will not grant a constructive eviction unless the landlord has failed to maintain the property or created an undesirable living situation, such as not fixing a broken heater.

Prevention/Solution

Tenants having a problem with their landlord should first attempt to solve the problem with the individual before going to court. If the landlord does not repair or resolve the problem within a reasonable time period, then the tenant should consider legal action.

Warning

Tenants need to discuss problems with their landlord before breaking a lease. Vacating a premises without a court order could allow the landlord to seek restitution in court for rent and other expenses.

References

• City of Longmont, Colorado; About Leases, Landlord/Tenant
• Pittsburgh University; Breaking a Lease