The ways that a landlord may terminate a lease agreement with a tenant vary from city to city. Generally, a landlord can terminate the lease of a tenant:
Landlords usually do this by sending out written lease termination notices to affected tenants.
Leases are contracts which bind both sides, which means that tenants may wish to terminate a lease before the landlord does. A tenant may terminate lease when:
If your city has rent control laws your landlord may not be able to force you to leave after your lease expires. For more information about specific lease termination lawyers consult a landlord and tenant lawyer.
Staying in the property after a lease was terminated is known as a “hold-over tenant”. Legally, the tenant may be considered a trespasser once the lease has expired. If a tenant is a hold over, the landlord may bring eviction proceedings against the tenant and charge the tenant for rent, as well as any additional fees to cover unexpected costs. Keep in mind that an eviction is a court order; the eviction becomes a public record and other landlords may access the information in a background check.
The landlord also has the option to renew the lease if the landlord accepts a rent check for another term of tenancy. This is called a “month to month” tenancy.
There are a few defenses a tenant may pursue to delay or halt a lease termination:
Landlord-tenant laws tend to be rather complex and vary from city to city. Before taking action to terminate your lease as a landlord, you should consult an experienced landlord-tenant lawyer to get a sense of what your lease and local statutes allow you to do and what actions they prohibit. If you are a tenant, a landlord-tenant lawyer can help you if you feel that your lease is being unlawfully terminated.
Last Modified: 09-27-2017 12:52 AM PDTLaw Library Disclaimer
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