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Lease termination can be a complex event that causes tension between the lessee and the lessor, especially when an early lease termination letter is involved.
Regardless of the tenant/landlord relationship, things can get sticky when it comes time for one of them to terminate a lease. If you are facing such a situation, you need legal advice to make sure that the lease termination doesn't cause you grief or result in legal action.
An attorney can ensure that the proper notices are given, that they are given in a timely fashion in accordance with the lease agreement and with renters laws, and that your case, if it goes to court, will be properly documented in your best interests.
Without legal assistance, termination of lease agreements can be tricky and costly. Protect yourself by consulting with a renters law attorney today!
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Lease Termination Facts
Most leases, if prepared by an attorney, have lease termination options included in the document. If prepared by someone else, early termination is sometimes not addressed. In such a situation, either the lessee or the landlord can take the issue to court to determine the renters rights and the property owner's rights regarding the lease in question.
When preparing a tenant lease termination letter, many tenants think that if they have a good reason for terminating the lease that the landlord will understand and let them slide on breaking the contract. When the landlord gets the early termination letter, sometimes they go ballistic, make threats and eventually haul the tenant to court.
Honestly, when it comes down to money, you can't rely on the heartstrings of the landlord to understand and make things easy on you.
The same goes for a landlord lease termination letter. Lessees are protective of their stability that comes from the home or business property that they are leasing and they don't take it lightly when they are told that they will have to move. Many will want to make the landlord pay which lands the parties in court for alleged violations of renters laws or renters rights.
When a lease expires, things may go more smoothly in regard to termination of lease; however, if the lease requires a tenant lease termination letter or a landlord lease termination letter and the letter isn't written and delivered in accordance with the terms of the contract, legal problems may also arise. Also, sometimes when a lease runs out, the tenants are not ready to move and may cause some havoc if the lease is not renewed.
Renters Laws Regarding Leases
Renters Laws and renters rights vary from state to state so it is important that you consult with a renter law specialist when it comes to lease termination.
Most states allow for an issuance of a lease termination form or an early lease termination letter if the tenant or landlord is not living up the terms of the contract. For instance, a landlord can legally terminate the lease if the tenant is behind on payments or is not taking care of the property. A tenant can usually evoke termination of lease if the landlord is not keeping the property up in regards to health and safety issues or standard living terms.
In some states, it is necessary for a landlord to issue an eviction notice whether the lease has expired or for early termination of lease.
The timing of such notices and lease termination letters is important as it is governed by renters laws. Sometimes the terms of the contract violate the law so going just by what is written in the contract is not enough to protect your interests.
The lease period has a lot to do with the length of notice that is required by renters laws to terminate a lease and then again, the laws vary from state to state. For instance, for a lease that is determined to be a week-to-week lease, generally seven days notice is required for termination while generally thirty days notice is required for a month-to-month lease. Sometimes verbal notice is deemed sufficient by the person giving notice, but written notice is required by the contract or by the law, so verbal notice will not be deemed sufficient in the court of law.
To avoid legal problems in regard to the termination of lease agreements, it is best to consult with an attorney who specializes in renters laws and is licensed to practice in your state.
They can ensure that the landlord lease termination letter, the tenant lease termination letter or the early lease termination letter is sufficient that it will hold up in court if you are unfortunate enough to end up there. They can also make sure that the lease termination form is delivered on time and in accordance with both the contract and renters laws.
Many tenants and landlords depend on forms that can be obtained from a website. While using these forms can be good for some, a lot of people end up in court and find that the forms that they used do not apply to their situation. Every situation is unique in some way and you can not possibly rely on pre-printed form to protect your interests.
Getting legal help from a renters law attorney is the only way to have everything taken into consideration when dealing with lease termination. Don't depend on your knowledge, pre-printed forms or the cooperation of the other party to the contract. If you do, you might end up in the court of law with nothing to protect you from the legal consequences of your actions or lack of actions.
Violating contracts, violating renters rights and acting outside the laws that are set forth in renters laws can result in legal expenses and court costs that are much more than legal costs would be if you contact an attorney to represent you in the process of lease termination.