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Doing Things the Right Way: When You Can (and Should) Break a Lease

Posted by Melvin Monachan | Jul 06, 2019 | 0 Comments

If you are a tenant who decides to break a lease, a contract is violated. Most people jump to the conclusion that you, as the tenant, is somehow responsible for wrongdoing in these situations. But there are certain circumstances in which a living space can become uninhabitable, and tenants are justified in leaving a residence prior to the expiration of a lease agreement.

A landlord's obligation to maintain a safe, healthy, and functional residence is solidified by a lease agreement. If the apartment, facility, environment, or any other facet of the property does not meet the terms of this agreement, you are permitted to leave the living space, whether it be for protection or for comfortability.

Here are some reasonable grounds in which tenants may be able to legally break a lease.

The lease conditions have been altered

The landlord cannot change the conditions of the lease before it has expired. This is against the law. If a tenant can prove this has occurred, he or she does not have to live under obstructive conditions or gratuitous demands.

There has been an infringement of your privacy

Tenants are entitled to a certain degree of privacy. This means that landlords cannot enter into your home without permission, nor can they secretly plant video cameras, microphones, or any other surveillance mechanisms into your living space.

You are living in dangerous conditions

Obviously, landlords have the responsibility to provide a space that is safe. Unsafe conditions like a rat infestation, mold, roach infestation, or a leaking ceiling are a breach of that responsibility. These hazards make staying in a space a serious health risk for tenants.

You are enlisted in the military

If you are a member of the U.S. military, you have the right under the War and National Defense Servicemember Civil Relief Act to exit a lease agreement before it expired. This law is applicable to individuals in the Army, Navy, Air force, National Guard, Marine Corps, and other governmental agencies.

You have been in a domestic violence situation

Domestic violence is unacceptable in any circumstance and is against the law. If you or a member of your family is being subjected to violence and you cannot remain in the living space, you have every right to leave the premises.

Contact Real Estate Attorney Melvin Monachan Today

At the Law Offices of Melvin Monachan, PLLC, we've helped people tied up in complex disputes overcome their issues with our expertise. Let us help you find a viable solution to your issues. Contact us by filling out a contact form or give us a call at (516) 714-5763.

About the Author

Melvin Monachan

Melvin Monachan is the founder of The Law Office of Melvin Monachan, PLLC, a full service, real estate law firm representing individuals, investors and corporate entities in all aspects of real estate law. On the transactional side, Melvin represents purchasers and...


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