Lease Breaking Harassment: Understanding Your Legal Rights

In the United States, tenants have the right to terminate their lease without penalty if they are victims of harassment. This is provided for under state laws and the Fair Housing Act, a federal law that protects tenants from discrimination. To break a lease, tenants may need to provide proof of the incident, such as a court record or a statement from a victim advocate, and follow certain procedures.

Documenting incidents of harassment

• Keep a Detailed Record: Record every incident of harassment, including dates, times, and a thorough description of each event. Note the specific actions or behaviours by the landlord that interfered with your legal right to peaceful enjoyment of the rented space.
• Create a Paper Trail: Save all forms of communication related to the harassment. This includes emails, text messages, voicemails, letters, or any other form of correspondence between you and the landlord.
• Take Photos or Videos: If the harassment involves damage to your property or any physical alterations to the rental unit, take photographs or videos as evidence.
• Document Verbal Encounters: If the landlord makes verbal threats or insults, be sure to write down the details of these encounters, including any witnesses present.
• Maintain Records of Repairs: If the landlord is neglecting maintenance requests or allowing maintenance issues to persist, keep a record of your requests and the landlord's lack of response or action.
• Report to Housing Authorities: Contact your local housing authority or tenant protection agency and file a formal complaint. Outline the incidents of harassment, providing as much detail as possible, and seek their assistance in resolving the issue.
• Seek Legal Advice: Consult with a tenants' rights organization or an attorney specializing in landlord-tenant law. They can guide you on the specific documentation required to support your case.
• Know Your Rights: Educate yourself about tenants' rights and local tenant laws. Review your lease agreement to identify any violations by the landlord and understand your legal grounds for a complaint.
• Communicate in Writing: If you feel comfortable, consider sending a letter to your landlord or property management company, clearly describing the incidents of harassment and requesting that the behaviour cease. Keep a copy of this correspondence for your records.
• Follow up with a Formal Complaint: If the harassment persists or escalates, send a formal complaint letter. Outline the problems, reference relevant lease terms or laws, and specify how you want the issues to be addressed and by when.
• Seek Safe Accommodation: If you feel unsafe in your home due to harassment, consider temporarily staying with friends or family while you work towards resolving the issue.

Reporting harassment to landlords

As a tenant, you have the right to live peacefully in your home without being harassed by your landlord. Tenant harassment can take many forms, from threats to cutting off essential services like heat or hot water, to causing damage to your home or apartment. If you believe that you are being harassed, you can report it to your local authorities or seek legal assistance. Here are some steps you can take to report harassment to your landlord:

• Document the harassment: Keep a record of any harassing behaviour, including dates, times, and details of what occurred. This may include saving any harassing messages or emails, taking photos of any damage caused, and keeping a log of any witnesses to the harassment.
• Review your lease agreement: Familiarize yourself with the terms of your lease agreement. Look for any clauses or provisions that may be relevant to the harassment you are experiencing. For example, if your landlord is withholding repairs or essential services, this may be a violation of your lease agreement.
• Contact your landlord: Before taking legal action, you may want to try resolving the issue directly with your landlord. Send them a written letter or email outlining the harassment you have experienced and requesting that it stops. Keep a copy of any correspondence for your records.
• Report to local authorities: Depending on your location, there may be specific agencies or hotlines dedicated to handling tenant harassment complaints. For example, in New York City, tenants can report harassment to the Housing Preservation & Development's Anti-Harassment Unit (AHU) by calling 311.
• Seek legal assistance: If the harassment persists or you feel unsafe, you may need to seek legal assistance. There are often legal aid organizations that can provide free or low-cost legal help to tenants experiencing harassment. In some cases, you may be able to initiate a legal claim against your landlord for harassment.
• File a complaint: In some jurisdictions, you may be able to file a formal complaint against your landlord. For example, in New York City, tenants can file a complaint with the Tenant Harassment Prevention Task Force (THPT) by sending an email to THPT@hpd.nyc.gov.
• Break your lease: If you feel that your safety is at risk, you may have the right to break your lease early without penalty. However, this may vary depending on your location and the specific terms of your lease. Be sure to review your lease agreement and consult with a legal professional before taking this step.

Remember, it is important to document as much information as possible about the harassment and to seek help if you feel unsafe. You have rights as a tenant, and there are resources available to help you resolve the issue.

Legal options for victims of harassment

If you are a victim of harassment, you have the legal right to break your lease without penalty. Here are the steps you can take to protect yourself and end your lease:

Step 1: Get Documentation

Obtain at least one of the following documents as evidence:

• An Order for Protection (OFP)
• A No Contact Order
• A Domestic Abuse No Contact Order (DANCO)
• A document signed by a court official, such as a judge, referee, court administrator, prosecutor, or probation officer, stating that you are a victim of harassment.
• A report or document signed by law enforcement confirming that you are a victim of harassment.
• A statement from a "qualified third party," such as a licensed healthcare professional, a sexual assault counselor, or a domestic abuse advocate.

Step 2: Provide Written Notice to Your Landlord

Send a written notice to your landlord, stating your intention to terminate your lease due to harassment. You can use a "Notice to End Lease Due to Fear of Violence" form or write your own notice. Include the following information:

• You or someone in your household is currently in fear of violence.
• You need to end your lease.
• The date you will move out (you are not required to give 30 or 60 days' notice).
• Any instructions for the landlord regarding items left behind.

Attach a copy of the documentation obtained in Step 1 to your written notice, and keep a copy of the notice and documentation for your records.

Step 3: Pay Rent and Move Out

Pay the full rent for the month you are moving out, and keep proof of payment. Move out by the date specified in your notice and return the keys to the landlord. By following these steps, your lease will end on the date you move out, and you will not be responsible for rent for the remaining months on the lease.

Additional Considerations:

• If there are other tenants on your lease, their lease will typically end at the end of the month you move out. They will need to either move out or sign a new lease with the landlord.
• Your landlord cannot share your information or the details of your situation without your written permission, except when legally required, such as in court proceedings related to eviction or unpaid rent.
• Your landlord cannot force you to provide the name of your harasser if you believe it is unsafe or if you do not know their name.
• You cannot be made to waive your rights or sign anything that goes against the laws protecting victims of harassment.
• You are only responsible for paying the rent for the month you move out and any previous amounts owed to the landlord. You should not be charged any additional fees to terminate your lease early due to harassment.

Landlord's responsibility to address harassment

Landlords have a responsibility to address tenant harassment and can face serious consequences if they fail to do so. Here are some key points outlining a landlord's responsibility to address harassment:

Understanding Harassment

Landlord harassment is defined as any intentional actions or behaviours by the landlord or property manager that interfere with a tenant's legal right to the peaceful enjoyment of their rented space. This includes creating adverse conditions to encourage the tenant to break the lease or leave the property. Harassment can range from subtle pressure tactics to more overt actions and can take many forms, such as property neglect, undermining living conditions, threats, discrimination, or direct intimidation.

Legal Consequences of Harassment

Harassment of tenants is illegal and can result in significant legal consequences for landlords. Tenants can sue landlords for harassment, seeking compensation for emotional distress, punitive damages, and sometimes even attorney's fees. Courts may issue injunctions, ordering landlords to cease harassing behaviour and take corrective actions. Landlords may also face criminal charges, ranging from misdemeanours to felonies, particularly in cases involving physical harm or threats of violence.

Loss of Rental Licenses

Local governments have the authority to revoke or suspend a landlord's rental licenses or permits if found guilty of tenant harassment. This can effectively put them out of the rental business.

Rent Control Penalties

In areas with rent control or stabilization laws, landlords may face additional penalties for harassment. For example, they may be barred from increasing rent or evicting tenants for a specific period.

Housing Discrimination Claims

If the harassment is based on the tenant's protected characteristics such as race, religion, sex, national origin, familial status, or disability, landlords can face housing discrimination charges under the Fair Housing Act.

Reputational Damage

Beyond legal consequences, landlords who harass tenants often suffer reputational damage. This can make it challenging for them to rent properties in the future as prospective tenants may be wary of renting from them.

Addressing Harassment

To address tenant harassment, landlords should take the following steps:

• Take all complaints seriously and treat allegations as legitimate, initiating an impartial investigation.
• Interview all involved parties, documenting conversations, and gathering evidence.
• Cite relevant clauses in the lease agreement about respecting the rights of tenants and not disturbing others.
• Cooperate with law enforcement in cases involving serious physical threats, stalking, or violence.
• Consider eviction as a last resort for severe or repeated harassment, being mindful of legal requirements and tenant rights.
• Avoid retaliation against tenants for making good-faith complaints.
• Implement preventative measures, such as screening prospective tenants, setting clear community policies, encouraging incident reporting, fostering open communication, and offering mediation for disputes.

In summary, landlords have a legal and ethical responsibility to address tenant harassment. Failure to do so can result in legal, financial, and reputational consequences. By taking proactive steps and responding appropriately to complaints, landlords can help ensure a safe and respectful rental environment for their tenants.

Eviction as a last resort

Eviction is a serious matter and should only be pursued as a last resort when dealing with tenant harassment. It is a complex and challenging situation that requires a careful understanding of the issue and appropriate actions to resolve it. Landlords should be aware of the signs of tenant harassment and the legal implications and consequences involved.

When tenant harassment occurs, landlords must take immediate action to protect themselves and their property. This includes documenting incidents, gathering evidence, and seeking legal assistance if necessary. Property management software can be helpful in this process, as it offers features such as incident tracking, communication logs, and document storage.

Before initiating eviction proceedings, landlords should follow the correct legal procedures. This includes reviewing local laws and regulations, gathering evidence of the tenant's harassment, and consulting with an attorney who specializes in landlord-tenant law. Eviction proceedings can be time-consuming and complex, and landlords will need a court order to evict a tenant.

Involving the police can provide immediate relief and protection for both the landlord and other tenants. It is crucial to notify the police if the harassment involves illegal activities, threats, or physical violence. Landlords should provide the police with any evidence or documentation of the harassment, such as emails, text messages, or witness statements. The police can then investigate and take appropriate action, which may include making an arrest or issuing a restraining order.

To prevent tenant harassment, landlords should conduct thorough background checks on prospective tenants and talk to their previous landlords. This proactive approach can help identify potential red flags and make informed decisions about who to rent to, creating a safer and harassment-free environment for all tenants.

It is important to note that tenants who are victims of harassment may have the right to terminate their lease early without penalty. This may vary depending on local laws and the specific circumstances of the case.

Frequently asked questions