What to do if landlord breaks lease agreement

What to Do When Your Landlord Violates Your Rental Agreement

• Aug 30, 2019
• The Harr Law Firm

What Constitutes a Violation?

First, it’s important to be certain that your landlord is, in fact, violating your rental agreement. So, pull out your copy of your rental contract, and take a close look at it. Better yet, have an attorney go over it with you. While all rental agreements will have some variations, there are certain things included in every rental agreement, designed to protect both parties.

Here are some examples of common landlord responsibilities, and how they might be violated:

1. Maintaining a livable residence – Landlords are expected to provide a reasonably livable residence for tenants. If your landlord fails to make certain repairs, call for an exterminator when necessary, or otherwise maintain the property to livable standards, they are in violation of your contract.
2. Providing notice of inspections – Most landlords will perform regular inspections of properties to ensure that it is being properly cared for by the residents. However, they are required to provide written notice of an inspection at least 24 hours prior to entering the property. Failure to do so violates a rental agreement.
3. Returning security deposit – If you’ve already left the property for one reason or another, your landlord may still be in violation of your rental agreement if they failed to return your security deposit. Security deposits may only be retained if the renter has damaged the property significantly, or has otherwise violated the rental agreement. If your landlord cannot prove that you did either of these things, they are required to return your deposit.

These are just a few of the most common rental agreement violations that we see. If you believe your landlord may have violated your contract in some other way, contact us, and we’ll go over your contract with you to determine if you have grounds for a lawsuit.

First Steps

If you have a strained relationship with your landlord, it may be tempting to jump straight to legal action for violating your contract. However, there are a few steps you need to take before diving into the deep end of litigation.

First, do not vacate the property or withhold rental payments unless you are absolutely certain you have the right to do so. Doing either of these things without following proper procedure can lead to a lawsuit—but you’ll find yourself as the defense instead of the plaintiff.

Instead, the first proper step is to send a written notice to your landlord of the violation. Explain, in great detail, the nature and history of the violation, what needs to be done to correct it, and which section of the agreement supports your claim. Inform your landlord that you will take legal action if the issue is not corrected. Then, send the letter via Certified Mail, requesting your landlord’s signature; you’ll want this proof of receipt if you need to take the matter to court.

Third-Party Mediation

If a written request does not rectify the issue, you may want to consider involving a third-party mediator. Be sure to work with someone who does not have a vested interest in the matter; for example, your property manager has financial ties to your landlord, and would have a vested interest in siding with them. Instead, hire an outside mediator to help you and your landlord communicate and work through the issues you’re facing.

Small Claims Court

Taking your landlord to small claims court can be a tough decision to make—especially if you hope to remain in the property. Most landlords will make every effort to evict you to avoid potential future lawsuits. However, if you’ve already left the apartment, intend to leave it, or even want to use legal action to terminate your rental contract, then pursuing civil litigation can be a great option for you.

If your landlord has violated your rental contract, and you want to take them to small claims court, contact one of our civil litigation attorneys for legal assistance today.

In the world of rental property leasing, written contracts are an invaluable tool for helping both the landlord and tenant understand precisely what their roles and responsibilities are during the length of the agreement. However, situations do arise where one or both parties may deliberately or inadvertently infringe upon the terms of the agreement. As a tenant, you may feel you have few options available to you when a landlord breaks the lease agreement. However, exploring your rights and protections may help you take a proactive approach to an otherwise unfortunate situation.

Tip

If your relationship with your landlord deteriorates and he's trying to force you out, do not withhold rent or even place it in an escrow account. If you end up in court, the judge may rule against you for non-payment and you'll be liable for back rent and costs.

Read Your Written Notices

Depending upon the particular infraction that the landlord has discovered, the notification letter sent by the landlord should explain why the tenant is being asked to leave. Criminal behavior, noisy and disturbing infractions, not maintaining the apartment and allowing bugs and vermin to move in all warrant an early termination notice. If the landlord needs access to an apartment to make necessary repairs and that access is denied, written communication between the landlord and the tenant should be initiated. This document serves an important purpose in the event that an issue needs to be taken to court for legal intervention and the breaking of the lease,

Dealing With Early Termination Scenarios

One of the most common scenarios in which landlords infringe upon a lease agreement involves early termination of the lease. If, for example, a landlord wants a tenant to vacate their property in order to secure a tenant willing to pay higher rent, they cannot force the original tenant to vacate unless an early termination clause exists within the original leasing contract. If no early termination clause exists and a landlord issues a notice to vacate to a tenant, the renter has the legal right to remain in the apartment and will be able to defend their position in the court of law.

Exploring Outcomes

In many situations, a landlord who wants his unit back will make living conditions uncomfortable for the tenant. In that case, the tenant may simply wish to remove himself from a situation in which a landlord is willfully breaking the terms of their contract. Or, the tenant can issue a complaint to their local rent board informing them of the landlord's harassment. The San Francisco Tenants Union provides extensive information for renters. The more extreme measure is to take your landlord to small claims court, citing the lease, its terms and asking to break your lease free of charge and getting financial compensation from the landlord for your relocation. Be sure you have written proof of all the landlord's attempts to break your lease.

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