Properties Violate Habitability Standards
Laws require landlords to maintain properties in a habitable condition. These requirements may include:
- Ensuring running water is available to tenants at all times
- Providing appropriate garbage containers for waste
- Keeping common areas clean
- Making necessary repairs
- Complying with health and safety laws
A tenant can file a health or safety complaint if the property is not maintained.
If a tenant chooses to file a complaint with the city’s health or safety department, an inspector will visit the property to determine if the complaint has any merit. If the inspector finds the complaint valid, a notice of violation will be sent to the landlord, stating that they must fix the issue within a specified number of days.
The tenant may also choose to file a complaint directly with the landlord by providing written notice that there is a health or safety violation that needs to be corrected. State laws will vary regarding the timeframe in which the landlord must respond and correct the violation.
Note: In most states, if the landlord fails to remedy a significant health or safety violation (beyond just simple repairs), the tenant may have the legal right to break the lease.
Landlord Violates Entry Rules or Harasses Tenant
Typically, a landlord must give at least 24 hours’ notice before they have the right to enter the tenant’s rental unit. Additionally, they must have a legal reason to enter the apartment, such as:
- Inspecting the unit
- Making repairs
- Showing the unit to prospective tenants
A tenant may have the right to break the lease if:
- The landlord attempted to enter the tenant’s unit for unlawful reasons
- Repeated attempts to enter the tenant’s unit were made without proper notice
- The landlord harasses the tenant
A tenant typically must obtain a court order to compel the landlord to stop this behavior. If the landlord violates the court order and refuses to cease such conduct, the tenant can provide notice that they will terminate the lease.
Tenant is an Active Duty Service Member
The Servicemembers Civil Relief Act, also known as SCRA, provides certain protections for active duty military personnel. These individuals are protected when they receive orders for a change of duty station.
If a service member signs a lease and then receives orders requiring them to relocate for more than 90 days, the tenant can provide written notice to the landlord of their need to terminate the lease. Typically, this notice must be given at least 30 days prior to the desired termination date. The tenant must also provide proof, such as a copy of the change of station orders or military deployment.
Tenant is a Survivor of Domestic Violence
Many states include protections for victims of domestic violence in their landlord-tenant laws. A tenant who has been a victim of domestic violence may have the right to terminate the lease without penalty. Usually, the violence must have occurred in the recent past, typically within the last three to six months.
To utilize this protection, the tenant must:
- Provide written notice to the landlord of their intent to break the lease due to domestic violence
- Provide this notice at least 30 days prior to the desired termination date (some states may require more than 30 days’ notice)
- Pay rent until the lease termination date
The landlord has the right to request proof of the domestic violence incident.
Note: Acceptable forms of proof of domestic violence typically include a copy of a protection order or a police report documenting the incident.
Rental Property is Illegal
If it turns out that the apartment the tenant is renting is not a legal rental unit, the tenant can terminate the lease without penalty. State laws may vary, but the tenant generally has the right to recover at least a portion of the rent they have paid over the lease term. They may even be entitled to additional money from the landlord to assist them in finding another rental apartment.
What
What Happens When a Tenant Illegally Breaks a Lease?
The lease is a binding contract between the landlord and the tenant. Except for the reasons mentioned above, if the tenant breaks this lease, they may face serious legal consequences.
For example, you can sue the tenant for any rent due. You may also sue for breach of contract and damages. The tenant may end up with an eviction record, which can negatively impact their credit history. With an eviction record and poor credit, the tenant may find it difficult to rent another apartment.
Frequently Asked Questions (FAQs)
How Does Breaking a Lease Affect Rental History?
If a tenant breaks the lease or fails to pay rent, the landlord may record these events in the tenant’s rental history. Future landlords may be able to view the tenant’s rental history, see these reports, and decide not to qualify them as a tenant for their properties.
What is the Penalty for Breaking a Lease?
The penalty for breaking a lease may be referred to as an early termination fee, which is typically equivalent to two or three months’ rent. Sometimes, breaking the lease may also result in losing the security deposit. Landlords may even require tenants who break the lease or fail to give proper notice to pay rent until another tenant is found.
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Sources
The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts in our articles. Read our editorial process to learn more about how we verify facts and maintain the accuracy, reliability, and quality of our content.
City of Denver and Denver County. “Residential Lease Guide”, page 14.
Minnesota Legislative Assembly. “Landlord and Tenant: Rights and Responsibilities”, page 14.
Massachusetts Law Help Project. “When to Sue Your Landlord in Court”, pages 310-311.
Los Angeles County, Consumer and Business Affairs. “Landlord Entry Into Your Unit”.
State of California, Department of Consumer Affairs. “Tenants in California: A Guide to Residential Tenant and Landlord Rights and Responsibilities”, pages 44-45.
New York State Attorney General. “Tenant’s Rights Guide”, page 27.
Massachusetts Law Help Project. “When to Sue Your Landlord in Court”, page 308.
Florida Department of Agriculture and Consumer Services. “Landlord and Tenant Law in Florida”.
U.S. Department of Justice. “Servicemembers Civil Relief Act (SCRA)”.
Washington State Legislative Assembly. “RCW 59.18.575 Victims’ Protection – Notice to Landlord – Termination of Lease – Procedures”.
New Jersey, Department of Community Affairs. “Truth in Renting”, pages 8-9.
Unified Court System of New York State. “Owner/Tenant Answer Form (CIV-LT-91) # 12: Illegal Apartment”, page 1.
Unified Court System of New York State. “Owner/Tenant Answer Form (CIV-LT-91) # 10: Warranty of Habitability”, page 4.
Courts in California. “Security Deposits”.
Experian. “How Does Eviction Affect Your Credit History?”
Howard County, Maryland. “Guide for Landlords and Tenants”, page 15.
Source: https://www.thebalancemoney.com/legally-break-your-lease-4050164
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