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Landlord Breaking Lease?

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TyLex

Junior Member
What is the name of your state (only U.S. law)? South Carolina

I have been renting my current house for over 2 years. The first year was on a lease, the second was month-to-month, and I signed a new lease in August when my rent was increased. The owners have gotten jobs in the area and decided to move into my house, so this morning they gave me notice that I needed to be out of the house by February 1st, even though the lease is not up until August. I have always paid rent on time, there have been no issues with the house and I abide by all Homeowners Association rules. I have even allowed the owners to visit on numerous weekends to enjoy a "free" vacation. The only reason they want me out is so that they can move to SC. My question is this: can they really require me to move 6 months before the lease is up when I have followed all of the rules? I know the lease protects the landlord, but what about the tenant? I can't find anything in my lease that states that they can terminate the lease for any reason except non-payment or gross negligence. Any comments would be greatly appreciated.
 


Try looking at Rentlaw.com

and googling tenant/landlord laws.

What I could find states they can't do that to you, but that's just what I found.

Also call around to see if any real estate lawyers give free consultations.
 
this is what I found so far

contact your local government—many cities have a department of consumer affairs or housing department to help you

if your rent is subsidized, check whether the subsidy program will help (Section 8 or other local social service agency)

ask the local library for the municipal code regulations on eviction
look at why you are getting evicted. Can you make adjustments?

LEGAL GROUNDS FOR EVICTIONS IN MOST STATES
Non-payment of rent: The landlord must inform the tenant in writing that full rent is due by a specific deadline or the lease will be terminated.

If the landlord refuses to take full payment and the tenant can prove it, the eviction may be challenged in court. After the deadline, the landlord doesn't have to accept payment.

Other tenant violations: The landlord must inform the tenant in writing of the lease "violation". The tenant must have ample time to correct the problem. If the tenant does nothing to correct it, the landlord may evict.

Lease has expired: If the landlord doesn't extend an expired lease and the tenant refuses to leave, the landlord may evict. The tenant must be given written notice. Give the tenant a 60 or 90 day renewal (or non-renewal) notice.

No lease: When a tenant rents month to month without a lease, a landlord needs only to give written notice (usually 30-45 days) to terminate the lease. If the tenant does not leave at the end of that time, the landlord can evict.

Tenants should: Present documents, use originals or high quality copies. Get a receipt for all cash transactions. Canceled checks and money orders are good proof of payments.

If the court orders you evicted, you might postpone eviction if you have a good reason. The judge may consider hardships, such as young children or a sick or elderly family member, in setting the eviction date.

You may file a request for an "extension of time" if hardships keep you from making the deadline. Typically moving a child out of school, loss of job etc may qualify to avoid evictions. YOU MUST HAVE PLAN OF ACTION.

Withhold rent: The law in most states requires the tenant to inform the landlord in writing that they intend to withhold rent if a specific problem isn't solved by a certain date. Tenants must give the landlord reasonable time to comply with their requests. The tenant must also make sure the landlord or his contractor has access to fix the problem.
 

TyLex

Junior Member
Thank you for your research. Mine has turned up nothing about a landlord breaking a lease, just tenants breaking the lease or landlords evicting. I guess my next step is to talk to an attorney and see if they can offer any assistance.
 
Here are a couple of other answers to your question:

By Answer.com


Can a landlord break a rental lease agreement early?
In: Renting, Landlord-Tenant Issues [Edit categories]

Landlord Tenant Disputeswww.FindLaw.com
Find Free Info On Landlord/Tenant Rights & Attorneys. Trust FindLaw!
Of course. As a matter of contract law, a lease (which has contract and property law issues) can be "broken" by either party at any time, as long as the breaching party is willing to pay any damages arising from the breach.

For example, the landlord should expect to have to pay something to help the tenant find another suitable place to live, and perhaps part of the moving costs.


By Answerbag.com

CAN THE LANDLORD BREAK A LEASE TO MOVE INTO THE PROPERTY?


That depends on what the lease document says. There should be specific reasons within the lease that allow for "breaking" or ending the lease by either party. An example of reasons would be: late (or no) payment of rent, failure to maintain/upkeep the property, excessive noise at unreasonable times, or other violations of the lease agreement. If the lease is for a specified period of time that has expired, it probably has a clause that rolls the lease into a "tenant at will" lease. A tenant at will lease may be ended by either party upon some specified notice (usually 30 days). If you are not in violation of any of the terms of the lease, and it hasn't expired, you may have a decent claim against the landlord in court.


There are two considerations: Are you in a month-to-month tenancy in a rent-controlled district? Or are you in a longer-term lease?
.
If the former, then yes, a landlord can begin a procedure to effect an "owner move-in". However, it usually involved an application to the local rent board.
.
If the latter, then NO, a landlord cannot terminate a lease to effect an owner move-in. The landlord can, however, offer to buy out the tenant.
 
What is the name of your state (only U.S. law)? South Carolina

I have been renting my current house for over 2 years. The first year was on a lease, the second was month-to-month, and I signed a new lease in August when my rent was increased. The owners have gotten jobs in the area and decided to move into my house, so this morning they gave me notice that I needed to be out of the house by February 1st, even though the lease is not up until August. I have always paid rent on time, there have been no issues with the house and I abide by all Homeowners Association rules. I have even allowed the owners to visit on numerous weekends to enjoy a "free" vacation. The only reason they want me out is so that they can move to SC. My question is this: can they really require me to move 6 months before the lease is up when I have followed all of the rules? I know the lease protects the landlord, but what about the tenant? I can't find anything in my lease that states that they can terminate the lease for any reason except non-payment or gross negligence. Any comments would be greatly appreciated.
Write them a letter telling them to drop dead. Its a lease, a contact for housing...you can say that this will cost you $$$ to leave and they would need to compensate you for any costs .. if they ask for any documentation detailing the costs, tell them to drop dead. Take my offer or leave me alone.
 

justalayman

Senior Member
Unless there is something in the lease that allows them to terminate the lease under some circumstance or you have breached the lease, it is a binding contract that they cannot simply terminate at will.

Now, since they have given you a couple months notice and refusal to move could result in an adversarial position, you might consider offering to allow them to buy you out of your lease for some agreed upon amount of money. Unless you are really wanting or needing to live in this specific unit, which you will assuredly be moving out in August anyway, you might offer to move by Feb if they pay you. Moving expenses, a waiver of any claim for damages to the current unit, some general amount of money to make you feel better can all be considered when negotiating something such as this.
 

TyLex

Junior Member
Wow. Thanks everyone. I knew I probably had a case against the landlords if I decided to stay, but had no idea I might be entitled to compensation if I move...I really love the house, and don't want to go because it's a really good deal in an excellent neighborhood, which I probably won't find again any time soon. I am calling the landlord tonight to discuss the situation in detail, so all of your comments will be helpful!
 

sandyclaus

Senior Member
The LLs cannot just terminate your lease early without some penalty to them. You BOTH signed a legally binding agreement, and they most certainly would hold YOU to your end of the deal if you chose to try and end the lease early yourself.

As justalayman suggested, you should advise the LLs that you are both bound by your lease until its expiration at the end of the term. If they wish to terminate earlier, then they will need to compensate you for breaking the lease. "Cash for keys" is an option that has been discussed (they buy you out of the remainder of your lease). They also become liable for any additional expenses you incur to find a new residence, including your search efforts, screening costs, any thing that costs you money or time to do to find that new place to live. You might suggest that they cover the cost of your security deposit and utilities setup costs. If the rent you must pay is MORE than what you are paying now, one could also feasibly charge the difference back to the LL (if you are unable to find a less expensive rental that is substantially the same as the one you already have, that is).

Keep in mind that you are entitled to possession of the property until the end of that lease. They cannot legally evict you unless you breach the lease in some way, by violating its terms or not paying rent. They cannot turn off your utilities or lock you out of the property. If they are unwilling to buy you out of your lease, then they would need to find a place themselves that they can rent or stay until your lease expires.
 

FarmerJ

Senior Member
Do your selfs a favor , make extra copies of your lease and store them away from the property at a trusted friends or in a bank box. ANY more communications with the LL should be in writting sent via certified mail or confirmed mail del so you have proofs for your records and store copies off site with the copies of the lease. See even though LL self help acts of eviction like changing locks to force a renter out are illegal , its not common but if you spend enough time reading thru the many post here under LL/T you will see that some LLs do it anyway and having copies of your lease and communications off site will make it easier just incase you end up with a LL who not only illegally evicts but destroys your lease copy too
 

TyLex

Junior Member
Thanks to everyone for your input. I have notified the ladlords that I am willing to move by February 1st if they make a reasonable offer for compensation. I have not heard from them since, so I guess it's a waiting game at this point. Please, please keep helping those of us that need guidance!
 

Gail in Georgia

Senior Member
While you're not automatically "entitled" to compensation, this route isn't unusual when a landlord wishes to terminate a lease early and the tenant has not breached any aspect of the lease.

As previously suggested, keep all documentation to the landlords in writing and make certain that you continue to comply with all aspects of the lease. Avoid the suggestion to tell the landlords to "drop dead" as the person who writes such nonsense appears to be an idiot on this forum.

It would be far better to keep the relationship as professional as possible. And keep in mind that your landlords may now be looking for any suggestion that you have breached the lease, thus allowing them to begin the process of eviction. This is why you need to follow what the lease specifies carefully.

Gail
 

FarmerJ

Senior Member
Do your self a favor if they will not come up with a reasonable offer to compensate you to give up your lease plan on paying January rent via certified mail and all the remaining months in the lease term if you end up staying , this way they cannot just claim you havent paid the rent and take you to court for non payment because they have shredded your money order, check and claim to the court you havent paid as a way to try to get you out sooner. You wrote > I have even allowed the owners to visit on numerous weekends to enjoy a "free" vacation. < no more of this , if they show up even wanting to spend one night insist with a firm NO your not interested since you pay for the use of the property. That also means no staying in a RV or camper or attempt by them to store stuff on the property, the lease would have to grant them the right to do so and with out it being in a lease even if they own it they cannot impose new terms at will on you. ( make sure in the end you not only leave the home very clean but take pics of everything that has been cleaned and you may want to use a self storage to begin taking things you wont need over in your last month to store so it becomes even easier to clean and get pics and inc things that appear to be general wear and tear.
 

TyLex

Junior Member
Update: More Issues

After going back and forth with the LL, we decided that staying until August was our best option. Two weeks ago the LL moved 10 miles away, and is now causing even more issues. They have "stopped by" the house to watch the sun set (without calling), they have let us know that they will be dropping off (decorative?) things for the yard (at their convenience, of course), and they just let me know last week that all of their mail will be delivered to my house and that they will come by weekly to pick it up. And yes, I have told them that this is not acceptable, but they don't care. At this point, if they are going to be popping in whenever they want, I'd rather go ahead and move. But, now that they have rented an apartment for 6 months, they are no longer willing to let me out of the lease early. Is there any way to get out of this?
 

justalayman

Senior Member
my response would be:

to the LL coming over: as long as he doesn't come in (unless as allowed by the law posted below), he can do what he wants.


SECTION 27-40-530. Access.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

(b) A landlord or his agent may enter the dwelling unit without consent of the tenant:

(1) At any time in case of emergency--prospective changes in weather conditions which pose a likelihood of danger to the property may be considered an emergency;

(2) Between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of providing regularly scheduled periodic services such as changing furnace and air-conditioning filters, providing termite, insect, or pest treatment, and the like, provided that the right to enter to provide regularly scheduled periodic services is conspicuously set forth in writing in the rental agreement and that prior to entering, the landlord announces his intent to enter to perform services; or

(3) Between the hours of 8:00 a.m. and 8:00 p.m. for the purpose of providing services requested by the tenant and that prior to entering, the landlord announces his intent to enter to perform services.

(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in cases under item (b) above, the landlord shall give the tenant at least twenty-four hours notice of his intent to enter and may enter only at reasonable times.

(d) A landlord has no other right of access except:

(1) pursuant to court order;

(2) as permitted by Sections 27-40-720 and 27-40-730;

(3) when accompanied by a law enforcement officer at reasonable times for the purpose of service of process in ejectment proceedings; or

(4) unless the tenant has abandoned or surrendered the premises.

(e) A tenant shall not change locks on the dwelling unit without the permission of the landlord.
to the: stuff will be delivered:

he needs to sign for it and then remove it from your property. If you rent the entire premises, barring an agreement you would allow storage of his stuff on your property, he needs to store it elsewhere.

to the mail;

buy a stamp that says; no such addressee at this address, return to sender

and stamp everything that comes with his name on it and put it back in the mailbox.
 

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