What To Do When Your Landlord Breaks Your Rental Agreement
July 13th, 2009 by Staff WriterYou may have signed a rental agreement stating you will be penalized for moving before the end of your lease, but that depends on your landlord meeting his duties. You are not obligated to continue living there if your landlord has broken his responsibilities. To protect your rights as a tenant, there are number of steps you can take.
Analyze the Situation
Before you proceed, analyze your situation and weigh your options. Review your rental agreement and see exactly what terms your landlord agreed to that you think he violated. Some common terms include:
- Keeping home up to code - Should the property be subjected to reasonable wear and tear for which you were not responsible (i.e. damage that did not occur through an accident or incorrect use), the landlord must repair the fixture or property at no cost to you.
- Providing a habitable environment - Your landlord is responsible for investigating any claims you justifiably make regarding loud noises or unruly neighbors and providing you with a resolution to the dispute.
- Lists all deductions - If your landlord is deducting funds from your security deposit (for damage to the property, late payments, etc.), he must provide you with an invoice that lists these deductions.
- Notifying you when visitations occur - Your landlord does have the right to evaluate the property throughout your lease, but he or she must notify you ahead of time (typically 24 hours) and cannot enter without your knowledge.
Decide which course of action you want to take. You’ll want to consider if you’ll feel comfortable continuing to live there if, after confronting your landlord, he fulfills his responsibilities, or if you think it’d be better for you to prematurely cancel your rental agreement and move elsewhere.
Politely Confront Your Landlord
Give your landlord a chance to rectify the problem. You will have no legal grounds to pursue your landlord if you do not provide him or her with ample chances to admit his or her mistake and resolve the issue.
Consider Paying to Break the Agreement
Sometimes conflicts are minor and you’ll feel best when you have the whole problem behind you. Ask your landlord what the fee for moving out early and breaking your rental agreement would be. If the fee is minimal and you really believe that the problems your landlord caused are minor, you may decide to just cut your losses and go.
Hire an Attorney
If you believe that your landlord has egregiously broken the rental agreement, you may be able to break your rental agreement free of charge and may even be entitled to financial compensation. Examples of such a situation include your landlord refusing to hire an exterminator for a pest infestation or your landlord repeatedly entering your apartment without permission. Seek an attorney to consider your legal options.
Deciding the best course of action depends on your individual situation. However, remember that as a tenant, you have rights, too.
