Lease Breakers: Legal Options For Tenants

If you're looking to break a lease due to your landlord not maintaining the property, you'll want to consult a lawyer who accepts tenant-side landlord-tenant cases. These are typically solo practitioners or lawyers from small firms or legal clinics. While medium to large-sized law firms may not be the best fit for this type of case, they can still provide a one-time consultation to guide you in the right direction. It's important to note that legal fees can sometimes be costly relative to the amount in controversy, so it's best to discuss this with your chosen lawyer upfront. To prepare for your consultation, be sure to read through your lease agreement and gather any documentation that highlights your landlord's failure to maintain the property.

Landlord failed to maintain property

If a landlord fails to maintain their property, tenants have a few options to consider. Firstly, it is important to distinguish between major and minor repairs. If the issue is major, posing an emergency that makes the property unlivable, the landlord should address it immediately. If they don't, tenants may be able to withhold rent or break their lease without repercussions. Examples of major issues include a lack of essential services, total or partial destruction of the premises, or the presence of environmental health hazards.

On the other hand, if the issue is minor, landlords typically have more time to address it. Tenants cannot withhold rent or break their lease without consequences if the landlord fails to fix a minor repair. However, tenants may find it easier to make minor repairs themselves and then recover the cost from the landlord.

Regardless of the issue's severity, tenants should always ensure they have fulfilled their obligations, such as notifying the landlord about the problem and giving them a reasonable opportunity to fix it. Additionally, tenants should be aware of specific notification requirements stipulated by state law.

Now, let's discuss the options tenants have when dealing with a landlord who fails to maintain the property:

Option 1: Calling State or Local Inspectors

Tenants can contact state or local building or health inspectors to report code violations. An inspector will investigate and issue a notice of violation to the landlord, along with a deadline to correct the problem, typically within 30 to 60 days. If the landlord fails to comply, they may face fines or even imprisonment.

Option 2: Withholding Rent

In many states, tenants are allowed to withhold rent until the necessary repairs are made. This is known as rent withholding. However, tenants should be cautious as it may annoy the landlord, and some states don't protect against retaliatory rent increases or evictions. Additionally, tenants must ensure they are up to date with their rent payments and are not in violation of any important lease clauses.

Option 3: Repair and Deduct

Over half of the states and some large cities allow tenants to hire a repair person to fix the issue and then deduct the cost from their rent. This option is known as "repair-and-deduct." However, there are usually specific circumstances, limits on the deduction amount, and frequency restrictions for using this option.

Option 4: Sue the Landlord

Tenants can sue their landlord in small claims court, seeking compensation for the difference between the rent paid and the value of the defective premises. They can also sue for lost or damaged property due to the landlord's negligence. However, tenants should be cautious as this option may annoy the landlord, and some states don't protect against retaliatory actions.

Option 5: Break the Lease and Move Out

If the property is uninhabitable due to the landlord's failure to maintain it, tenants can argue that the landlord has essentially evicted them, known as "constructive eviction." In such cases, tenants may be able to break their lease and move out without repercussions.

In conclusion, tenants have several options when dealing with a landlord who fails to maintain their property. It is important to carefully consider each option and follow the required procedures, such as providing proper notification and distinguishing between major and minor repairs. Tenants should also be aware of their rights and the potential consequences of their actions to make informed decisions.

Landlord breached lease terms

If your landlord has breached the terms of your lease, you may be able to take legal action against them. However, this can be expensive, stressful, and time-consuming, so it is usually a last resort.

First, check your lease agreement to ensure that your landlord has breached the terms. If you need clarification on any conditions, get legal advice. It is important to understand your rights and obligations as a tenant.

Next, contact your landlord in writing, setting out your concerns and stating what they can do to rectify the situation. Give them a reasonable timeframe to respond and take action. Keep a record of all communications, as this may be useful in court.

If this does not help, you could try mediation—asking an impartial third party to help you come to a satisfactory agreement. If this also fails, you should consider legal action, but get specialist advice first.

You can apply to the First-Tier Tribunal (Property Chamber) or, if the property is in Wales, the Leasehold Valuation Tribunal for breaches relating to unsatisfactory management or unreasonable service charges. For other issues, such as forcing your landlord to make repairs, you would need to submit your claim to a county court.

If you are experiencing domestic violence and need to break your lease to escape the situation, this is a legally acceptable reason for breaking your lease.

Constructive eviction

If a landlord fails to maintain the property, tenants may be able to break their lease without penalty. This is because landlords are legally required to keep the rental property habitable, and if they don't, tenants may be able to claim "constructive eviction".

To prove constructive eviction, tenants must show that:

• The conditions that made the property uninhabitable were due to the landlord's actions or inaction.
• The landlord was notified of those conditions and failed to remedy the problem within a reasonable time.
• The tenant vacated the premises within a reasonable time after the property became uninhabitable.

Faulty repairs

Many leases outline a process for ending the lease after a violation. Courts generally honor a termination process provided by the lease. If the lease isn't specific about termination, the process will depend on state law. Most states allow tenants to break the lease a certain amount of time after providing notice to the landlord. However, a significant minority of states require a court process for most lease terminations.

In states that don't require a court process, tenants typically need to provide written notice to the landlord, requesting repairs. After a specified period, if the landlord hasn't made the repairs, tenants can declare the lease terminated and move out.

For states that do require a court process, tenants can simply claim a "constructive" eviction and move out. If the landlord sues for payment, tenants can argue that the landlord failed to address a substantial habitability issue. The court may then declare the lease terminated due to landlord misconduct. However, this approach carries the risk of the court disagreeing with the tenant's claim, leaving the tenant liable for the rent under the original lease.

Before taking any action, tenants should carefully review their lease agreement to understand their rights and obligations. It is also essential to keep proper records and documentation of any communication and actions related to the faulty repairs. Consulting with a local attorney specializing in landlord-tenant law can help tenants navigate this complex process and ensure their rights are protected.

Invasion of privacy

Tenants have the right to privacy and the peaceful enjoyment of their rental property. However, landlords or property managers may sometimes invade their privacy, causing discomfort and distress.

Privacy Rights

Habitability includes the tenant's right to privacy and quiet enjoyment. Landlords have a duty to respect their tenants' privacy and refrain from intrusive behaviour. This includes:

• Entering the rental property without proper notice
• Conducting unauthorised inspections
• Installing surveillance cameras without consent

Most jurisdictions require landlords to provide notice before entering a tenant's rental unit for non-emergency reasons, typically 24 to 48 hours in advance. Landlords must also have a valid reason for entering, such as repairs or inspections.

Legal Action

If a landlord violates a tenant's privacy rights, the tenant may have grounds for legal action to seek remedies for the invasion of privacy. It is important to first address the issue directly with the landlord or property manager. Start by notifying the landlord in writing of your privacy concerns and request that they stop any intrusive behaviour immediately. Be specific about the nature of the violation and provide evidence, such as dates, times, and descriptions of incidents.

If the landlord fails to address your concerns, you may need to seek legal assistance from a tenant rights attorney. They can assess your situation, review your lease agreement, and advise you on your rights and options for recourse. They can also communicate with your landlord on your behalf and negotiate settlements, or represent you in court if necessary.

Evidence

Documenting evidence is crucial when proving a privacy violation and supporting your legal claim. Keep records of any instances where your privacy rights were violated, including dates, times, and descriptions. If possible, gather physical evidence, such as photographs or videos of unauthorised entries or surveillance cameras. Keep copies of all communication with your landlord regarding the privacy issue.

Enforcing Privacy Rights

Tenants have the right to enforce their privacy rights and seek remedies for privacy violations. This may involve filing a complaint with the relevant housing authority, such as the local housing department or rent control board, alleging privacy violations. These agencies may investigate the complaint and take action against the landlord. Tenants may also pursue legal action against landlords in civil court to seek compensation for damages or losses suffered due to the invasion of privacy.

Other Forms of Landlord Harassment

In addition to invading privacy, landlords can disrupt tenants' lives in other ways. They may provide negative information about tenants to banks or creditors or harass employers about unpaid rent. While landlords have a right to provide truthful information to third parties, they do not have the right to spread rumours, which may expose them to a defamation claim. Landlords do not have the right to interfere with tenants' jobs by discussing their situation with supervisors or coworkers.

Some landlord misconduct can rise to the level of a crime. If a landlord spies on, sexually harasses, threatens, or tries to assault a tenant, or damages their property, the tenant should report them to the police and consult an attorney.

Frequently asked questions