Can a Landlord Break a Lease?

While a lease or rental agreement details the duration of one’s stay in a rental unit, some things don’t go according to plan. Sometimes, a tenant has to move elsewhere out of the blue, or a family member decides to move to the unit.

So, is it possible to end a rental agreement early? We’ll discuss the proper process for tenants to understand their rights.

Can a Landlord Break a Lease Early?

Yes, the landlord can end a lease early under certain conditions. While the lease agreement is legally binding, there are valid reasons for ending it early.

Understanding Your Lease Agreement

Thoroughly analyzing lease agreements can spare you a lot of trouble if your concern is lease termination. This legally binding contract details how much you must pay monthly, how you’re expected to pay, and how long you can live in the property.

Likewise, this contract also stipulates the potential penalties for not meeting the lease terms, including late fees or eviction. Before you sign a contract, you should understand what you’re getting into. What are the landlord’s responsibilities, and what can you or not do in rental properties? These details give you an idea of what can prompt an early lease termination.

Valid Reasons for Landlords to Break a Lease

Your contract should detail the valid reasons for breaking a lease early. But in general, here are some common reasons landlords evict their tenants before the lease expires:

• A material breach of one’s contract: If a tenant violates the contract terms, the landlord can break the lease early. For example, if the agreement stipulates that only four people can live permanently in the unit, having another person move in is illegal.
• Nonpayment must be paid on time to abide by the contract terms: The contract should state the consequences of late payments and how long you’d have to make payments before getting evicted. Unpaid rent can cause a lot of drama.
• Property sale: You should receive a written notice and enough time to find a new place. The landlord should also give you the option to buy the property.
• Owner move-in: The owner might have decided to live on the property themselves. In this instance, the owner should provide proper notice to give the tenant enough time to search for a new place.
• Illegal activity in the unit: This is among the most severe lease violations. If you concoct drugs or conduct illicit activities in the unit, it doesn’t matter if you’re paying rent on time. This is a valid reason for immediate eviction.
• Agreement to end the lease early from both parties: If both parties agree to a tenant’s lease early termination, this can be grounds for breaking a lease early. This should be formalized through a written agreement, not just a verbal handshake.

What happens when a landlord breaks a lease early?

It depends on the situation. If the landlord has a valid reason for breaking a lease early, you’ll have to look for another property. This is why you should analyze your contract thoroughly. You should confer with a lawyer if a landlord fails to meet their agreement. You might be able to reverse the eviction or at least get compensation for the trouble.

Your Right of Proper Notice to Vacate Rental Property

Whether on a long-term or month-to-month lease, the landlord shouldn’t throw you out suddenly. In most cases, the landlord should give you at least two months to pack your belongings properly and leave the property.

If you’re on a short-term lease, the landlord should give you a few weeks to manage the move-out process correctly. Unless you’re kicked out for criminal reasons, you have the right to be given enough time to fix your affairs. Your contract should detail the allowance you’ll be provided to leave the premises. This is why you should ensure a written agreement safeguards your best interests.

Your Right Against Eviction as Retaliation

While there are legal grounds for ending a rental agreement early, there are also illegal ones. One of the most severe reasons to end a lease early is eviction as retaliation. This means that a landlord would give a tenant a difficult time or even evict them because of negligence of duties.

Retaliation includes failing to handle maintenance requests. The landlord is tasked to maintain a livable environment for the tenant. The landlord must ensure the property has running water, heating, electricity, etc. If there are any issues, the landlord should attend to them promptly.

Likewise, the landlord should request the tenant’s privacy. While technically, the property owners legally own the property, tenants are provided certain rights upon signing the contract. Tenants have the right to privacy, which means the landlord can’t enter the property too often or without announcement.

What Happens To Your Security Deposit? 

Your contract should detail how much your security deposit is, the possible deductions, and when you can expect it returned. Usually, one’s security deposit equals a month or two months’ rent. This deposit is meant to cover repair costs beyond the usual wear and tear, unpaid rent, and other itemized deductions.

While there’s no guarantee that you’ll receive the total amount, you should understand why a certain amount was deducted from your deposit. The amount should be justified, and you should acknowledge receipt.

Moreover, when you should expect the deposit should be specified. The landlord can’t withhold the deposit without good reason. Usually, the deposit is expected to be returned a month after the tenant leaves the property.

How SCRA Protects Service Members From Eviction?

While not paying rent on time is a legal reason to break a lease before its expiration, there’s an exception for active duty service members. The Servicemembers Civil Relief Act (SCRA) prohibits military members from getting evicted due to nonpayment. Nonpayment parties can delay eviction proceedings for at least three months.

Moreover, this federal law permits a modification of payment terms so the service member can make payments. SCRA protections only apply to those evicted for not paying on time. A material breach of one’s contract would still warrant eviction.

What to Do if a Landlord Breaks a Lease Early?

What should you do if you get evicted before the lease expires? Here are some helpful tips you can follow:

1. Ask for legal counsel: A lawyer can help you determine the best course of action. You might have a fighting chance to get compensated.
2. Read the contract carefully: Your lease agreement should detail acceptable reasons for eviction. This contract can help you defend yourselves.
3. Understand your state and city regulations: Each state and city has rules regarding eviction and other rental matters.
4. Confirm your military status: If you’re rendering active duty service, you should prove you’re eligible for SCRA protections.

Conclusion

You might have a fighting chance of getting compensated if a landlord breaks your lease early. If you’re a service member rendering active service, the landlord may not evict you due to non-payment. You need to prove you’re eligible for SCRA rights. This is where SCRACVS can help you. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Can I get kicked out of a rental property before my lease ends?

Yes, there are legal grounds for getting evicted early. These reasons include property sales, unpaid rent, and owner move-in.

Will I still get my security deposit after a landlord breaks my lease early?

Yes, but you might not be entitled to the entire amount due to certain deductions. The landlord should specify these costs when they return your deposit.

Is it legal to break a lease early in the US?

Yes, it’s legal to break a lease early in the US. Certain states may have stricter regulations on this.

Who is authorized to break a lease agreement?

The landlord, tenant, or even both parties can legally terminate the lease. However, this may be subject to specific fees.

Can I sue a landlord for kicking me out of a rental property?

It would depend on the reason you’re getting kicked out. If it’s an illegal reason, you may file a lawsuit.

How much notice does a landlord need to give to break a lease?

It depends on what kind of lease you have. The landlord should usually provide you with at least two months to leave the property.

What are a tenant’s rights if a landlord breaks a lease early?

You have the right to sue if the eviction has compromised your physical and mental health. You can also counter-sue your landlord for not honoring your lease terms.