Lease Breaking: Tenant Rights And Legal Recourse

Breaking a lease can be a scary and unpredictable process for both landlords and tenants. While the specific laws vary depending on the state, there are some general guidelines and protections in place for both parties. For example, in most states, landlords cannot simply wait until the end of the lease and then sue the tenant for the remaining rent. Instead, they must attempt to re-rent the property and minimise financial losses. Tenants, on the other hand, are generally required to continue paying rent during the termination process, and may be subject to financial penalties and damage to their credit score if they break the lease without a valid reason.

Military service

To be eligible to terminate a lease early under the SCRA, service members must:

• Provide written notice of their intention to vacate due to military orders. This should include accurate contact information and the exact date of departure from the residence.
• Provide a copy of their official military orders.
• Pay rent for the month in which they give notice and the following month.
• Return the property in good condition.

Service members can request a military clause in their lease agreement, which grants specific rights and protections to active-duty service members and their families. This allows them to terminate their lease early without breaking the terms of their agreement, given certain qualifying conditions, such as permanent change of station orders, deployment, or other official orders requiring a move. Military clauses are individual agreements between the tenant and landlord and often specify the notice period and documents required for lease termination.

It is important to note that not all leases include a military clause, and it is the responsibility of the service member to review the lease agreement and understand its terms. If a lease does not include a military clause, service members can discuss adding one with the landlord or property management company.

Uninhabitable conditions

Tenants have the right to a safe and habitable living environment. If a rental unit becomes uninhabitable, tenants may have legal grounds to terminate the lease. Uninhabitable conditions can include:

• Lack of basic utilities such as running water, heat, or electricity.
• Health hazards such as mold, pest infestations, or unsafe structural issues.
• Structural safety issues like broken staircases or exposed wiring.
• Persistent unresolved repairs after the landlord has been properly notified.
• Exposure to asbestos or lead-based paint.

Before terminating the lease, tenants must notify the landlord of the issue and allow a reasonable timeframe for repairs. Tenants should also provide proof of the uninhabitable conditions, such as photographs or inspection reports.

If the landlord fails to make the necessary repairs, tenants may invoke "constructive eviction" to terminate their lease. This means that the tenant has been effectively forced to leave the premises due to the landlord's failure to maintain the property in a habitable condition.

In some states, such as California, tenants may be able to move out of a rented property without prior notice when the property is uninhabitable. However, it is important to take certain steps to support your claim, such as obtaining proof of the uninhabitable conditions and notifying the landlord of the issues.

Proving Uninhabitable Conditions

To prove that the rental property is uninhabitable, tenants can take several steps:

• Obtain a statement from a doctor confirming that your health has been negatively affected by the conditions.
• Contact the County Health Department and/or Building Inspector to document the unhealthy or unsafe conditions.
• Conduct environmental testing to confirm the presence of hazardous substances or conditions.
• Gather statements from other tenants, utility repair persons, or witnesses who can attest to the uninhabitable conditions.
• Collect evidence such as photographs, samples of hazardous substances, or repair bills.

Terminating the Lease

To terminate a lease due to uninhabitable conditions, tenants must typically follow these steps:

• Notify the landlord of the defective conditions in writing, providing details of the issues.
• Allow the landlord a reasonable amount of time to make the necessary repairs. The timeframe will depend on the severity of the defects and the danger they present.
• If the landlord fails to make the repairs, notify them of your intention to leave the premises by a specific date.
• Follow up with a certified letter confirming the conversation and listing the issues that make the property uninhabitable.
• Request a final walkthrough and the return of your security deposit.
• Move out, turning in your keys and obtaining a written receipt.

It is important to note that even if tenants follow all the necessary steps, the landlord may still sue for breaking the lease or not giving proper notice. Therefore, it is advisable to consult with a lawyer who specializes in landlord-tenant law to ensure you are taking the appropriate actions to protect yourself legally.

Landlord harassment or privacy violations

Landlord harassment is when a landlord or property manager creates adverse conditions to encourage the tenant to break the lease agreement or leave the rental property they currently occupy. Landlord harassment is illegal and can take many forms, ranging from subtle pressure tactics to more overt actions that directly affect the tenant's quality of life or sense of security in their home. Here are some examples of landlord harassment:

• Illegal eviction attempts
• Changing locks without notice
• Shutting off utilities
• Refusing to accept rent payments
• Entering the property without just cause or proper notice
• Threats and intimidation
• Ignoring repair requests
• Discrimination
• Excessive rent increases or fees
• Unwarranted inspections
• Retaliation for complaints
• Withholding security deposits unfairly
• Sexual harassment

If you are experiencing landlord harassment, you should document everything, know your rights, write to your landlord or property management company to report the harassment, report violations to local housing authorities, seek legal advice, and continue to pay rent on time to avoid giving the landlord grounds for eviction.

Domestic violence

To break a lease due to domestic violence, tenants must provide the landlord with proof of the violence and notify them in writing within a specific period. This usually involves providing a protective order or a report from a qualified third party, such as the police, a healthcare professional, or a domestic violence advocate. In some states, landlords are required to change the locks at the request of the tenant, and they cannot refuse to rent to a potential tenant because they were a victim of domestic violence.

In terms of financial obligations, tenants who break their lease due to domestic violence are generally only responsible for rent up until the termination date and any other outstanding obligations. Landlords cannot withhold security deposits if the lease is terminated early due to domestic violence. However, they may be able to recover money damages resulting from the early termination by suing the "adverse party," which is typically defined as the person responsible for the violence.

It is important to note that the specific laws and procedures for breaking a lease due to domestic violence may vary by state, so it is always best to check the relevant state laws and seek legal advice if needed.

Landlord breaches the contract

If a landlord breaches the contract, tenants may be able to sue for damages and may also be able to stay in the property until the end of the lease term. However, the specific laws regarding this vary depending on the state. For instance, in Texas, a landlord can break a lease if the tenant has violated the terms of the lease, such as failing to pay rent, damaging the property, or engaging in illegal activity. In this case, the landlord must give the tenant written notice of the violation and allow them to correct it before breaking the lease.

Additionally, tenants may have grounds to break a lease agreement if the landlord fails to keep the implied warranty of habitability to provide a safe and livable rental unit. Uninhabitable conditions could include insect infestations, major structural problems, the presence of hazardous materials, or serious plumbing problems. If a landlord does not address these issues in a timely manner, tenants may be able to terminate their lease early.

It is important to note that the specific laws and protections may vary depending on the location and individual circumstances. Tenants should always review their lease agreement and consult local and state landlord-tenant laws to understand their rights and options in the event of a breach of contract by the landlord.

Frequently asked questions