If you’ve broken the terms of your rental agreement, you may be wondering if your landlord can terminate your lease. In certain situations, the answer is yes. You want to do your best to abide by the rules and terms in your agreement so that you can keep your living quarters, maintain your positive renter’s history, and avoid any legal or financial penalties. However, if you find yourself in a situation where you may be facing eviction, here’s what you need to know about when your landlord can terminate your lease.
Yes, a landlord may have the legal right to terminate a lease in some situations. If a tenant violates the terms of a lease agreement, a landlord may be able to end a lease and require renters to leave their property, as long they provide official and proper notice. The actions a landlord can take against renters who’ve broken the terms of an agreement depend on the severity of the violations and whether the renters address or rectify the issues.
If your landlord finds you have not abided by the terms in your lease, they may take the following steps to terminate your lease:
Many states require a landlord to prove that a tenant broke certain terms of the lease. This proof may include copies of written warnings they delivered to a tenant, such as notices for late payment or noise complaints. Proof may also include police reports documenting illegal activities. Depending on your landlord, you may receive this proof with your final notice or termination.
Many landlords provide an official final notice to address an issue that can be resolved, such as re-homing a pet that’s not allowed to live in the unit or paying owed rent and late fees. In fact, some states may require landlords to serve a certain number of official warnings or notices to renters before seeking to terminate a lease or evict a renter. Before they officially terminate your lease and evict you, landlords are likely to deliver a final notice, often with proof of why they’re seeking this action.
If the landlord is not successful in getting you to address the issues or if the issues are not able to be resolved, your landlord will serve you a lease-termination notice that states why your lease is being terminated, when you must vacate the premises, and any actions they may take against you should you not comply. Most states require landlords to provide this notice and a vacate-by date within a certain period. This period can vary from state to state.
If the rental sustained damage, the landlord may be able to deduct those charges from your security deposit and then charge you additional fees should they exhaust the deposit. The extent to which your landlord can deduct from your deposit depends on whether:
Landlords may resolve the issue of any renter not paying any additional fees minus the deposit in court, so make sure to pay these fees in full and on time to prevent further legal action.
If a renter refuses or cannot pay owed rent and late fees, repair charges minus the deposit, or resolve other issues regarding the lease termination, a landlord may take them to court. These proceedings and the results can depend on why the lease was terminated and what damages the landlord is seeking.
It’s important to note that your landlord may also choose not to renew your lease when it expires at the end of the term. In this case, your landlord doesn’t have to give a reason why they’re not allowing you to renew your lease. However, that doesn’t mean that you did anything wrong, and you can check with your landlord, just in case.
A landlord still must give you a lease non-renewal notice within the notice period laid out in the lease. This notice period is typically 30 days for a month-to-month or other short-term lease, or 60 to 90 days for long-term leases.
The best way to prevent your landlord from terminating your lease, ordering eviction, or seeking legal action against you is to follow the rules in your lease. Work hard to pay rent on time to avoid paying late fees or damaging your reputation as a renter. Always communicate issues in your rental unit regarding maintenance in order to get them addressed as soon as possible.
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