Breaking a Lease
Breaking a lease is slang for violating the terms of a lease. The usual ways that a tenant breaks a lease are as follows.
- Failure to pay the required rent, late fees, or additional rent in a timely fashion
- To do something prohibited by the lease, such as having a pet.
- To not do something that is required by the lease, such as disposing of garbage properly
- To move out of the apartment prior to the end of the lease
If a tenant violates (breaks) a lease, the landlord can take action against the tenant. The landlord can issue a written or oral notice to repair the lease. The landlord also may send or post an eviction notice instructing a tenant to leave an apartment by a specific date.
A landlord can file legal action to repossess an apartment. A monetary penalty also may be assessed against a tenant by a landlord or by a magistrate in a legal action.
In each of these circumstances, a tenant may be able to fix or remedy a violation or present a justification before a magistrate in defense of the landlord’s charge. Landlords normally allow tenants to correct a first lease violation, but if additional problems arise, they often begin legal action. Occasionally a landlord will seek legal action at the first violation if it involves property destruction or criminal activity.
Landlords can break a lease in the following ways.
- To not do what they have agreed to in the lease
- To do something prohibited in the lease
- To fail to provide or maintain a safe, habitable apartment
- To not promptly return a security deposit if not needed to repair tenant damage or unpaid rent
A landlord prepares a lease to protect his or her property and rights. A lease usually is very specific about the obligations and restrictions placed on the tenant. That makes the question of whether a tenant has broken the lease fairly easy to determine.
A landlord violates a lease if he or she does not meet the legal standards and requirements established by the city, county, and state. Examples include providing and maintaining a basic level of habitability. Habitability means minimal heating levels, hot and cold drinking water, a sanitary waste-disposal system, adequate electrical distribution service, structural integrity, functional doors and windows, fire-safety standards, and control of pests and vermin. (This list of habitable standards is highly condensed from regional and municipal codes and should be used only as a general reference.) The landlord also is required to guarantee quiet enjoyment in the apartment. That generally means that control over the property and who can enter the apartment are given to the tenant. A landlord cannot arbitrarily enter or permit others to enter an apartment except in limited and legally defined circumstances. Furthermore, a landlord must have legal title and control over the property, including the right of occupancy, which he or she transfers to the tenant. If the landlord does not have title, or loses title by sale or foreclosure, the lease is broken.
If a landlord breaks a lease, or a tenant believes that a landlord has broken a lease, the tenant has several options. The tenant may informally notify the landlord of the problem and seek agreement to correct it. If the landlord agrees and corrects the problem, the lease is cured.
If the landlord does not agree or fails to correct the problem within a reasonable time, the tenant should reiterate the problem in writing. The letter should specify the action desired and a date by which it should be taken and advise the landlord that failure to correct the problem may result in legal action or contact with the relevant governmental agency regarding the problem.
If a landlord still disagrees and/or fails to correct the problem, the tenant should consider whether to undertake legal action or contact the appropriate governmental agency (e.g., county health department, city bureau of building inspections, city police, fire department). In deciding to seek legal action, a tenant should consider whether the issue is serious enough to commit the time, effort, and money to the action. Tenants also should decide what they want to happen and whether a court can order it. The tenant should determine (perhaps seeking legal advice) what evidence is needed to document the problem and whether the tenant has such evidence. Lastly, the tenant should consider the possible consequences of bringing the action, especially if he or she fails to win a judgment.
Lease violations should be repaired, informally if possible, formally or legally if necessary. If a landlord does not provide what was agreed to in the lease or required by law, the tenant can seek correction or to terminate the lease. The tenant may seek a monetary penalty or rent reduction from the landlord. On the other hand, if the tenant breaks the lease, the landlord can demand eviction, the acceleration of rental payments for the remainder of the lease term, and other costs or fees assessed as penalty for the breach.
Tenants should avoid breaking leases deliberately or accidentally and should make corrections promptly to avoid further complications. Landlords should be informed of problems promptly and in writing. Knowing your rights and how to exercise them are your best protection.
For more information or to discuss specific concerns, contact Off-Campus Living.