Lease Breaking: Legal Or Not?

Breaking a lease is a breach of contract and can have serious consequences. However, there are certain situations in which a tenant can legally break a lease without penalty. These include entering active military service, uninhabitable living conditions, landlord harassment or privacy violations, and being a survivor of domestic violence. It's important to note that the specific laws and requirements may vary by state, and tenants should carefully review their lease agreements and local laws before taking any action.

Active military duty

In the United States, the Servicemembers Civil Relief Act (SCRA) is a federal law that allows active military service members to terminate certain lease agreements without penalty. This applies to both residential leases and motor vehicle leases.

Residential Leases

To terminate a residential lease, you must:

• Provide written notice to your landlord. This should include your intent to vacate the property due to military orders and a copy of your official military orders.
• Pay rent for the month in which you give notice and the following month.
• Submit your notice at least 30 days before your planned early lease termination.

The effective date of termination will be 30 days after the first date on which the next rental payment is due after the landlord is notified.

Motor Vehicle Leases

If you are leasing a vehicle, you can terminate the lease if:

• You enter active duty or are activated for at least 180 days.
• You receive PCS orders or deploy outside the continental United States for at least 180 days.

Additional Considerations

• It is important to review the specific terms of your lease agreement, as some may include a military clause that outlines additional reasons for breaking the lease.
• If you are a spouse of a deployed service member, you may also be able to terminate a lease early.
• If you are a reservist or member of the National Guard, different rules may apply.

Uninhabitable conditions

Tenants have the right to live in a habitable home, and landlords are legally required to maintain their rental properties in a condition that is fit for human occupation. This includes complying with local building codes and health and safety codes. If a landlord fails to do so, tenants may be able to break their lease without penalty.

There is no strict legal definition of uninhabitable living conditions, but generally, it refers to some condition that makes living in a home impossible. This could include:

• Lack of effective waterproofing
• Lack of working heating
• Lack of hot and cold running water
• Plumbing or gas issues
• Lack of electricity
• Insufficient ventilation
• Sanitary issues
• Pest infestations
• Mould
• Noise
• Lead paint
• Gas or sewage leaks
• Bacteria causing illness, such as Legionnaire's Disease

Steps to Take if Your Rental Property is Uninhabitable:

If you are dealing with uninhabitable conditions, there are several steps you should take to protect yourself:

• Document the issues: Take photos, collect samples, and obtain statements from other tenants or witnesses.
• Notify your landlord: Provide written notice to your landlord, listing the problems and requesting repairs. Send this via certified mail or hand-deliver it.
• Set a deadline: Give your landlord a reasonable amount of time to fix the issues. The amount of time considered "reasonable" will depend on the specific issues and their severity.
• Follow up: If your landlord fails to make the necessary repairs, send a second certified letter stating that you are leaving due to the uninhabitable conditions.
• Consult an attorney: Laws regarding lease termination vary by state and city, so it is advisable to seek legal advice to understand your specific rights and options.

Consequences of Breaking a Lease:

Breaking a lease can result in several consequences for tenants, including:

• Difficulty finding a new rental unit due to negative references and credit reports.
• Being sued by the landlord for the remaining rent owed and other damages.
• Having a judgment issued against you, which can remain on your credit report for several years.
• Losing your security deposit.

Landlord harassment or privacy violations

Landlord harassment is a serious issue that can significantly impact a tenant’s quality of life and violate their legal rights. It refers to any actions taken by a landlord, property manager, or their representatives that are intended to force a tenant to give up their legal rights or leave the property. These actions are illegal and violate tenant rights protected by local, state, and federal laws.

Some common types of landlord harassment include:

• Verbal abuse and threatening behaviour
• Ignoring repair requests and neglecting necessary maintenance
• Shutting off utilities
• Entering the rental unit without notice
• Refusing to provide necessary repairs or maintenance
• Threatening eviction without cause
• Disturbing the tenant’s peace and quiet
• Privacy violations, such as installing cameras without consent
• Constant communication through calls, texts, or visits
• Misuse of legal processes, such as filing baseless lawsuits
• Discriminatory behaviour based on protected characteristics like race, gender, religion, etc.
• Removing amenities without justification

If you believe you are being harassed by your landlord, it is important to take the following steps:

• Document everything: Keep a detailed record of all incidents, including dates, times, and descriptions. Create a paper trail using email or certified mail for all harassment-related communications.
• Communicate in writing: Ask your landlord to stop the harassing behaviour in a clear, written statement.
• Know your rights: Research local tenant laws and review your lease agreement to understand what constitutes harassment.
• Report violations: Contact your local housing authority or tenant rights organisation.
• Seek mediation: Some communities offer landlord-tenant mediation services to help resolve disputes.
• Consider legal action: Consult with a tenant rights attorney to discuss your options and determine the best course of action.
• Continue to pay rent: Avoid giving the landlord grounds for eviction by continuing to pay rent on time.
• Contact law enforcement: If you ever feel physically threatened or in immediate danger, don't hesitate to call the police.

Domestic violence

Many states have enacted laws allowing people suffering from domestic violence to break their lease agreements with minimum penalties. These laws typically require the victim to provide the landlord with a valid order of protection or a report from a qualified third party, such as the police, a healthcare professional, or a domestic violence advocate.

In some states, victims are required to give written notice of their intention to break the lease and may need to provide documentation of the domestic violence. This can include a restraining order, a police report, or a signed statement from a qualified third party. The incident of domestic violence must usually have occurred within a specified time frame before giving notice.

Landlords should know the laws in their state regarding breaking a lease due to domestic violence and create a procedure to handle these situations. They may also need to change the locks at the victim's request and take steps to protect the victim's safety and confidentiality.

Victims of domestic violence who break their lease are generally only responsible for the rent owed through the termination date and any other outstanding obligations. Their security deposits should also be refunded, and landlords are not authorized to withhold them due to early termination.

• California: Victims can legally break their lease without fees and must provide documentation and written notice to the landlord. They are responsible for no more than 14 days of rent after giving notice.
• Texas: Victims can terminate their lease without penalty and may not need to give advance notice if the abuser is a co-tenant. Landlords who do not allow this are subject to a civil penalty.
• Florida: Victims can terminate their rental agreement early without penalty if they provide written notice and documentation, such as a restraining order or a police report.
• Nevada: Victims can terminate their lease by giving written notice and providing specific documentation. The termination is effective 30 days after the notice or at the end of the current rental period, whichever is sooner.

Illegal rental property

A lease is a written agreement for the rental of a property for a fixed amount of time, typically a year. Breaking a lease is considered a breach of contract and can have financial and legal consequences.

However, there are certain situations that can justify breaking a lease early without penalty. These include:

• Constructive eviction, where the landlord fails to maintain fit and habitable housing.
• Breach of quiet (or peaceful) enjoyment, where the landlord seriously interferes with the tenant's ability to enjoy the rental.
• Active military service.
• Domestic violence.
• Uninhabitable housing conditions.
• Harassment or privacy violations.
• Illegal activities in the unit.

In addition, there are cases where a rental unit itself may be illegal. This can occur when:

• The unit does not have the required permits or is not registered with the local municipality.
• The unit violates local zoning ordinances, such as by having too many tenants for the designated use.
• The unit does not meet building code requirements, such as minimum ceiling height, number of windows, and exits.

Renting an illegal unit can have significant consequences for both landlords and tenants, including penalties, fines, eviction, and liability for damages.

Frequently asked questions