what type of lawyer do you need to sue someone for breaking a lease agreement

by Ms. Yvonne Schamberger IV 6 min read

Can a landlord take legal action against you for breaking your lease?

Mar 24, 2020 · This can quickly become expensive, but refusing to do so does give the landlord the right to evict both individuals. If you are the “good” roommate in a situation like this, you might be wondering if you can sue your roommate for breaking the lease agreement. The answer is yes – but only if you can prove certain facts.

How can a real estate attorney help me with a lease?

If you believe you have been constructively evicted, consider consulting a local landlord-tenant attorney before you move out—some states don't recognize constructive eviction or only allow a tenant to break a lease under extreme or specific conditions. Breach …

Can I Sue my roommate for breaking the lease?

A written lease or rental agreement is a binding contract between you and your landlord. While you may have valid reasons for wanting to get out of your lease (for example, you're moving because of a job, marriage or divorce, or the apartment is severely damaged), breaking a lease is still a breach of contract, so you could be penalized.

How do I Break my lease without a penalty?

A business attorney could further assist with lawsuit proceedings should a tenant break a commercial lease. It is important to speak with the business attorney so that you can ensure that you are following the proper protocol regarding commercial landlord-tenant relations.

Most Landlords Must Rerent When A Tenant Breaks A Lease

Let’s start with the basics: Your lease is a contract, obligating you to pay rent for the entire term. The fact that you pay in monthly installment...

When Your Landlord Hasn’T Hustled For A New Tenant

If you’ve broken your lease and taken off, expect to lose a month’s rent even if state law requires your landlord to mitigate—most judges will give...

When You Have A Legally Justified Reason to Break The Lease

The previous explanation applies to situations in which you do not have a legally justified reason for leaving. Justified reasons for breaking a le...

What happens if you break your lease?

If you've broken your lease and taken off, expect to lose a month's rent. Even if state law requires your landlord to mitigate, most judges give landlords a month of rent as damages, no matter how quickly they advertised and showed the unit—or how quickly they could have rented it if they had tried.

What happens if you sue your landlord?

If you or your landlord sues, you'll need to have some proof that the landlord failed to mitigate to support your position. After you leave the rental, collect evidence of the landlord's efforts (or lack thereof) to rerent your former unit.

What happens when a tenant moves out?

the tenant moves out. the landlord and tenant sign a new lease, with the same or different terms. the tenant stays in the rental with the landlord's approval, creating a new tenancy (in most states, this creates a month-to-month tenancy with the same terms and conditions of the old lease), or. the tenant stays in the rental despite the fact ...

How long does a military lease last?

Once the landlord receives notice, a month-to-month tenancy will end 30 days after the day that rent is next due.

What is the landlord's duty to mitigate damages?

Instead, landlords must take reasonable steps to rerent your former place and, if they are successful in rerenting, credit rent received from the new tenant to your debt. In legalese, this duty is called the landlord's duty to mitigate damages.

What happens if a landlord fails to rerent?

In some states, if you end up in court arguing that the landlord failed to take steps to rerent, you can't sit back and wait for the landlord to produce proof that he diligently tried to rerent. Instead, you will have to supply the proof of his laziness.

What to do if landlord demands rent?

If your landlord sends you a letter demanding the balance due under your lease, respond with a polite letter, citing your state's law. Doing so might make your landlord think twice about sitting idle and waiting to collect rent from you for an empty apartment.

What happens if your landlord doesn't live up to his or her obligations?

If your landlord hasn't lived up to his or her obligations (ex: neglected maintenance or faulty repairs, or invasion of privacy), you may have just cause for breaking a lease. Read over your Lease Agreement to verify exactly what your landlord's responsibilities are.

What are the reasons for breaking a lease?

Conditions with high chances you'll have to pay a penalty for breaking a lease: Moving for a job. Buying a new house or apartment. Moving because of a marriage or divorce. These are the most common reasons for breaking a lease, and unfortunately are not legally valid reasons ...

Do you have to pay rent for a year?

Remember, if you have a fixed lease (usually for a year), you're usually obligated to pay rent for the entire year. This means if your landlord can't find a replacement tenant immediately, or loses rent because of your move, you'll probably have to pay the difference.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

Can you break your lease if you are moving?

You may also be able to break your lease if you're being relocated under military orders. You become very sick or seriously injured. In some states, serious illness or injury, or the need to move to an assisted living facility because of illness/injury, is condition enough to let you break your lease.

Can you cancel a lease without penalty?

You've been called to active duty in the military. If you signed the lease before being called up, the Soldiers' and Sailors' Civil Relief Act lets you cancel your lease without penalty.

What to do if your lease is breached?

As soon as you realize that the lease has been breached, you should contact a business attorney. Make sure that you discuss the initial terms of the lease with the attorney. Additionally, you should be sure to discern whether or not the tenant in your commercial property made the attempt to break the lease legally.

How to sue a landlord for damages?

If a landlord wishes to sue for compensatory damages, he or she must follow the laws of their home state: 1 Once the commercial leasing contract is breached, the lease is terminated and lawsuit proceedings can go into effect. 2 However, in general upon the tenant terminating the lease, the landlord has a set period of time to list the damages made by the tenant to the leased property. 3 When suing for damages if you are the landlord/property owner, then you need to stipulate that the damages in which you are suing for include the full rent that is due. 4 When the tenant moves out early, he or she is inevitably giving the landlord the right to end the lease completely as well as to begin any lawsuit proceedings.

What happens if you break a commercial lease?

If you own a commercial property and one of your tenants has broken the commercial lease, then you can begin lawsuit proceedings. Once a lease is signed it is a legally binding document, and there is no backing out of the lease unless both tenant and landlord enter a written agreement that rescinds the lease terms.

When suing for damages, do you have to include the full rent?

When suing for damages if you are the landlord/property owner, then you need to stipulate that the damages in which you are suing for include the full rent that is due. When the tenant moves out early, he or she is inevitably giving the landlord the right to end the lease completely as well as to begin any lawsuit proceedings.

Can you lock your business out of a property?

Once you begin lawsuit proceedings, if the tenants have items in the space, then you have the right to lock their business out of the property. Additionally, as the landlord you have the right to request that the court have the tenant's company pay all of your legal fees. While suing for compensatory damages, you can also begin ...

Can a landlord sue for compensatory damages?

If a landlord wishes to sue for compensatory damages, he or she must follow the laws of their home state: Once the commercial leasing contract is breached, the lease is terminated and lawsuit proceedings can go into effect. However, in general upon the tenant terminating the lease, the landlord has a set period of time to list ...

How to avoid legal consequences if you break your lease?

These five steps will help you avoid legal consequences if you decide you need to break your lease: Review your lease agreement. Talk to your landlord. Consider reletting or subletting. Use a lease termination letter. Pay the remaining rent. 1. Review your lease agreement.

What to do if you have trouble negotiating a clean break with your landlord?

If you’re having trouble negotiating a clean break with your landlord, consider finding a new renter to either relet or sublet the property. Finding a replacement on your own is a great way to alleviate your landlord’s fears about losing money when you move out.

What questions should I ask my landlord about my lease?

Be on the lookout for answers to these critical questions: 1 Does your lease agreement have an early termination clause? 2 Has there been a breach of contract by your landlord that would justify breaking the lease? (Ex: Entering without notice, No maintenance, etc.) 3 Will you lose your security deposit? 4 Are you required to find your replacement? 5 Can you sublet? 6 Will you need to pay the remaining rent for the entire lease period?

What happens if a new renter is late paying rent?

In this case, the new renter signs a sublease agreement with you. However, your name remains on the original lease agreement. This makes you responsible for anything that happens to the property, including if the new renter is late paying rent.

How to get a replacement after moving out?

Give plenty of advance notice. As soon as you decide to move out, let your landlord know with a notice of intent to vacate. Giving your landlord as much notice as possible will make their life easier because it gives them more time to find your replacement after you move out.

Can a landlord sue you for breaking a lease?

Facing a lawsuit by your landlord – A lease is a legal contract. That means your landlord is within their legal right to pursue you in court for remaining rental payments, as well as damages for loss of income and the cost of finding a new tenant. Paying out of pocket – Lease agreements often include penalties and fees for breaking a lease.

Can you pay off rent after breaking a lease?

Once you’ve exhausted all your options, the last recourse is to pay off the rent for the remainder of your lease period. It isn’t always financially feasible for most people, but it’s the only guaranteed way to avoid paying a penalty for breaking a lease.

What happens if you break a lease?

If you break a lease without the legal grounds to do so, you may be required to pay an early termination fee. Depending on the terms of your lease, there may or may not be a penalty for terminating a lease. An example of this would be having to pay the rent for the remaining months on your lease.

What defenses can a tenant use to delay a lease termination?

There are a few defenses that a tenant may pursue in order to delay or halt a lease termination: Landlord Violation of the Lease: The tenant may be able to claim that the landlord broke the terms of the contract first. However, the tenant would need sufficient evidence to prove this defense;

What is a lease contract?

Leases are contracts which legally bind both sides. This means that tenants may wish to terminate a lease before the landlord does. A tenant may enforce a termination of lease agreement under the following limited circumstances: Periodic Tenancy: An example of periodic tenancy would be a month to month lease.

How long does it take to terminate a lease?

Leases such as these can be terminated by either the landlord or tenant for almost any reason; sometimes prior notice is required, usually thirty days; Tenancy at Will: Under tenancy at will, either party may terminate at any time, as long as prior notice was given.

What happens when a landlord evicts a tenant?

If a landlord wishes to evict a tenant, they must follow the very strict procedural rules of the state and, if in a rent controlled market, the city. When rent goes unpaid and the landlord is unable to contact the tenant, it could seem that the tenant has abandoned the property without notice. If the landlord suspects that a tenant has abandoned ...

Can a landlord terminate a lease?

The ways in which a landlord may terminate a lease agreement with a tenant will vary from city to city. Generally speaking, a landlord can terminate the lease of a tenant in one of the following ways: Periodic tenancy, such as a month to month lease, can be terminated by either the landlord or tenant for almost any reason.

Can a landlord take legal action against you for breaking a lease?

In some especially serious cases, a landlord may take legal action against you for breaking your lease. Some steps tips to consider when terminating a lease include, but may not be limited to: Read your lease thoroughly in order to determine their protocol for terminating the lease or what penalties you may face;

What happens if a landlord raises rent too high?

This is so that if the landlord raises the rent too high, then the tenant will still have time to look for a new apartment before their lease expires. The landlord must also approve a tenant’s request to renew their lease.

What is residential lease?

A residential lease is a specific type of legal agreement that is entered into when a tenant rents property from a landlord to use for residential purposes (i.e., living). Similar to other lease agreements, a residential lease will contain the terms and conditions of the lease, such as the date that the lease expires and how often ...

What are the requirements for a residential lease?

There are certain items that every residential lease must contain, such as the name of the parties, the length of the tenancy, the amount of rent that is due each month, and so forth. However, there are some important provisions that the parties should include like the following: 1 Rules about having pets; 2 Restrictions on illegal activities; 3 Whether the landlord or the tenant will be responsible for repairs and maintenance; 4 Whether a tenant needs to obtain a renters insurance policy; 5 Whether the tenant is allowed to operate a business on the property; 6 Rules concerning smoking policies and other potentially disruptive activities like noise; 7 Clear terms regarding when a landlord is permitted to enter the premises; 8 Instructions concerning what a tenant must do to sublet their apartment and whether or not the landlord even permits sublets; and/or 9 Notice requirements and if there is an option to renew the lease.

What to do if tenant has not moved out?

If the tenant has not completely moved out by the time the residential lease expires, but they have breached the lease, then the landlord may call the county sheriff’s department or other law enforcement agency in the area to remove the tenant and any of their belongings .

What are the rules regarding smoking?

Rules concerning smoking policies and other potentially disruptive activities like noise; Clear terms regarding when a landlord is permitted to enter the premises; Instructions concerning what a tenant must do to sublet their apartment and whether or not the landlord even permits sublets; and/or.

How long does it take to renew a lease?

However, the tenant will usually know one to three months in advance of the lease’s end date if they will have to move or not.

What is a duty not to breach a lease?

A duty not to breach the lease; A duty to keep all units in habitable condition; A duty to respect the privacy of a tenant (with limited exceptions); A duty to return the security deposit within a specified period after a lease expires; and.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

How to sue someone in California?

California Courtslists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself: 1 Figure Out How to Name the Defendant 2 Ask for Payment 3 Find the Right Court to File Your Claim 4 Fill Out Your Court Forms 5 File Your Claim 6 Serve Your Claim 7 Go to Court

Why is being a lawyer so hard?

Being a lawyer is hard; that’s why it takes so much time and money to become one. Lawyers typically do not represent plaintiffs at small claims court because the stakes, shall we say, are too low — but that makes those cases no less complex for a layperson.

What happens when someone steals someone else's property?

When someone steals someone else’s property, the victim can notify the police ( in which case the person may be charged with criminal theft). The victim can also file a civil suit (in which case the person can recover the fair market value of the stolen property). Reply. Linda Mcgrathsays.

What happens if someone disobeys a court order?

When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order.

How much money do you need to file a small claims lawsuit in Texas?

In Texas, a small claims court actionis one that demands $10,000 or less in damages. If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs.

Can you file a small claims court action in California?

You can call your own insurance company to find out how to have this accident covered through your uninsured motorist policy. If your policy doesn’t cover the damages, you might wish to consider a claim in small claims court. In California, you can file a small claims court action for damages up to $10,000.

Can a case be dismissed if there are no reasonable grounds to bring a lawsuit?

Just because a case was dismissed doesn’t mean there wasn’t reasonable grounds to bring the suit. Generally speaking, it’s very difficult to prove malicious prosecution and usually not worth the expense. But, you really have to meet with an attorney in your area to review your case and make a determination about this.