Last updated on April 8th, 2023 at 03:28 pm
Did you know that 62% of tenants don’t know how laws on early lease termination work? Some landlords use this sorry state to misinterpret lease agreements and state jurisdictions and use them against unsuspecting tenants.
Just because a landlord owns the apartment doesn’t give them complete control over how a tenant uses it. That includes breaking a lease when they please.
A lease legally binds the tenant and the landlord to the terms and conditions of the tenancy, which both parties must fulfill. Therefore, a landlord cannot break a lease without any valid reason.
Tenants also have the right to break the lease if the landlord doesn’t adhere to lease terms. For instance, you can terminate a lease if the apartment becomes uninhabitable.
This post answers more lease questions asked by tenants.
Under What Circumstances Can a Landlord Terminate a Lease?
A landlord can legally terminate a lease under the following circumstances:
Lease violation
Violation of certain clauses in the lease agreement, such as causing severe damage to the property, illegal activites like drug use, keeping pets despite prohibition, or subletting without the owner’s permission, may lead to the termination of a lease.
Nonpayment of rent
A landlord may issue an eviction notice and terminate a lease if the renter does not pay rent on time.
Lease term expiry
Most leases in the US run for a year. Upon the expiry of the lease term, the landlord may choose to terminate or extend the lease depending on your agreement and relationship with the property owner.
Demolition or major renovation
A landlord may terminate a lease to carry out major renovations or demolition of the property.
Owner occupancy
Some jurisdictions allow the landlord to terminate a lease if they plan to occupy the property or move in a family member.
Lease termination laws and regulations vary by state or country. Landlords must follow due processes, including issuing a notice and adhering to proper eviction procedures.
Can a Landlord Break a Lease to Sell the Property?
Many laws and regulations don’t allow landlords to break a lease to sell a property. However, the landlord may still break the lease and sell the property if they honor the lease terms.
For instance, a lease may include a “termination for sale” clause, giving the landlord exclusive rights to terminate the lease and sell the property. Some state laws also allow landlords to terminate a lease and sell the property at will.
As a tenant, read and understand the terms under which the landlord can break a lease and sell the property to avoid sudden eviction notices.
Can a Landlord Cancel a Lease Before It Starts?
A landlord can cancel a lease before the move-in date depending on the terms and conditions in the lease agreement. These may include failure by the tenant to meet certain tenancy conditions or if the property owner decides to sell it.
Changes in circumstances, such as unforeseen major repairs to the property, may be other reasons a landlord cancels a lease before it starts. If that happens, the landlord may need to give prior notice and refund any payments like rent deposits.
Ensure you understand your rights and what the state laws say about lease cancellation to avoid exploitation from rogue landlords.
What’s My Compensation for Landlord Breaking Lease?
Breach of the tenancy agreement by the landlord may lead to compensation. The compensation amount varies depending on different circumstances, like reasons for the landlord breaking the lease and terms and conditions of the lease, among other applicable state jurisdiction laws.
Some of the compensations you are entitled to when a landlord breaks a lease include:
- Cost of finding a new apartment
- Moving expenses
- A refund of security deposits and any advance rent payments
Some state laws may also require landlords to pay for rent difference if the new apartment costs more than the previous one. Consult your attorney to help you review and seek compensation accordingly if a landlord breaks a lease.
Frequently Asked Questions:
On What Grounds Can a Landlord Refuse to Renew a Lease?
Key reasons a landlord may refuse to renew a lease include nonpayment of rent, breach of lease terms, illegal activities, major renovation or demolition of the property, or if the owner decides to occupy the premises.
A landlord cannot refuse to renew a lease due to discriminatory reasons like gender, race, religion, or disability.
How Much Notice Does a Landlord Have to Give?
The notice duration a landlord gives to the tenant varies based on various circumstances, like the reasons for the notice and jurisdiction laws within that area.
Some guidelines on the amount of notice a landlord gives include nonpayment of rent, month-to-month tenancy, lease expiration, and termination without cause, which may vary based on state and local laws.
Can a Landlord Terminate a Lease Early in Florida?
Florida rental laws on breaking a lease are quite similar to most states in the US, which also include the possibility of terminating a lease early.
A landlord will terminate a lease early in Florida if the tenant defaults on rent payment or violates tenancy rules like severe damage to property and illegal activities like drug use.
Can a Landlord Break a Lease In PA?
A landlord in Pennsylvania will not break a lease unless there’s a valid reason to do so. Situations that may lead to a landlord breaking a lease in PA include:
- Violation of lease terms
- Nonpayment of rent
- Security concerns
- Severe property damage
How Much Notice Does A Landlord Have To Give If Not Renewing Lease In CT?
The amount of notice a landlord gives in Connecticut if they are not renewing a lease depends on the type of the lease agreement. Fixed-term leases don’t require any notice if the lease is set to terminate automatically at the end of the lease term. Month-to-month leases require at least 60 days before the end of the tenancy period if the tenant does not plan to renew the lease.