A lease is an agreement between a landlord and tenant. It is a document binding both parties to the terms of the agreement-it is a legal and binding commitment that is enforceable by law. Should either party default, or "lease bust," the other party may take legal and according action. Here are some examples of how a lease is "busted" and how the damaged party can respond.
- Tenant abandonment. If the tenant decides to up and leave the apartment rental without the proper notice (as indicated by the lease agreement), the landlord may seek damages. The statutes vary by state, so you should refer to RentLaw or the website for the specific state in question. In most states, the landlord can seek money awards for the months the tenant has "skipped out on" in the rental housing authority circuit or small claims court.
- Non-payment of rent. A tenant is not holding up his part of the agreement if he does not pay the rent due monthly (or whatever the arrangement is). This can be grounds for eviction. After submitting a written "Notice to Quit" to the tenant, the landlord may evict the tenant after an amount of time, typically fourteen days. The tenant can pay the amount due within 10 days of receiving this notice. Again, each state varies on the specifics of the process, so be sure to do your research before the eviction process.
- Damages to unit. The tenant has broken the lease if he has inflicted undue amounts of damage to the apartment, or has had guests that have done damage to the unit. The landlord, if able to make and win a case against the tenant, may evict the tenant, and receive amounts totaling damages, lost rent, and lawyer's fees.
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Author: Grace Bloodwell