What Can Happen if a Landlord Breaks a Lease Contract?

Unsafe conditions can result in a landlord breaking a lease.

When a landlord breaks a lease contract, it can be a very scary time for a tenant that may not know if she can continue to live in her home. On the other hand, some tenants may be hoping to leave the property due to a lease infraction that puts their safety in danger — for example, the property may have faulty fire escapes. Understanding what can happen if your landlord breaks your lease contract will help you prepare for this day if it ever comes.

Types of Lease Breaking

Although landlord-tenant laws vary from state to state, a landlord may legally break a lease if a tenant does not pay rent, violates a certain term in the lease or acts in an inappropriate manner, such as doing something illegal or interfering with other residents' ability to peacefully live on the property. However, landlords who do not take care of their legal responsibilities also break their leases. For example, landlords who do not ensure their properties meet fire or health codes break their leases. If a landlord looses his property due to foreclosure, this generally will not terminate the lease, and the bank or mortgage company who now owns the property will become the new landlord.

Written Notices

If a landlord wants to terminate a lease, he must generally send the tenant written notification of this fact, though what must be included in this notification varies from state to state. Usually, the notification requires tenants to either pay the rent or fix the problem or be evicted or that they will face eviction regardless. If a tenant sees that a landlord has broken a lease due to legal violation — such as not meeting health codes — it is also generally best to request that the landlord remedy the problem in writing. This will help the tenant prove her case if she must seek legal action against the tenant for breaking a lease.

Leaving the Property

If a landlord breaks a lease, the next step is the tenant leaving the property, whether by will or by force. If a tenant is living in an rental unit that a landlord has not kept up to the legal codes, he should attempt to resolve the problem with the landlord and/or make sure the relevant legal agency performs an investigation before leaving. This way, he will have proof of his reason for leaving should the landlord sue for unpaid rent. If a landlord has terminated the lease for a cause, he can proceed with the eviction process to remove a tenant from the property. Although eviction laws vary from state to state, most require the landlord to send the tenants a notice of eviction that specifics why they are being evicted and when they should leave the property. Tenants have the ability to challenge the eviction in court.

Security Deposits

If a tenant has paid a security deposit, whether the tenant will get that security deposit back depends on the terms of the lease. Some leases specify that the tenant will lose the security deposit if they do not give proper notice of intending to leave the property. In most cases, landlords will deduct the cleaning and repair costs from the security deposit, though some states require landlords to provide a list of deductions taken from the deposit.

References

• University of Pittsburgh Off Campus Living: Breaking a Lease
• New York Times: Can a Landlord End a Lease Early?
• Lawyers.com: Terminating or Ending a Residential Lease
• NOLO: Terminating a Lease or Rental Agreement FAQ
• Findlaw: Terminating a Lease or Rental Agreement FAQs
• Findlaw: Rules for Landlords and Property Managers When Evicting a Tenant

Resources

• Findlaw: Evictions and Lease Terminations