Most Common Lessor Breaches of Lease
Based on the type of lease, a landlord may be required to maintain the property, provide utilities, or allow the tenant the right to quietly enjoy the property without nuisance. A breach of any of these obligations gives a tenant the right to take some action, up to and including terminating the lease and seeking damages against the landlord. The following list includes some of the ways a landlord breaching the lease can harm a tenant.
Refusal to make repairs or properly maintain the property- Getting abandoned property up to code often falls to the landlord. If an owner refuses to repair a roof or fix a plumbing leak, that is a breach of the lease agreement and potentially also a violation of building codes, depending on the situation. Further, if the landlord has a pest problem in one unit, and does not correct the problem, then there’s a risk that the bedbugs will spread. Tenants have the right to ask for the necessary repairs to fix the problem after a reasonable request to do so, documented in writing .
Illegal entry- Landlords cannot enter the tenant’s property without permission, unless the lease specifically allows it. In that case, most states require the landlord to give the tenant 24 hours notice. If the landlord simply walks in while the tenant is home, that is illegal entry and a breach of the lease agreement.
Locked out of an apartment or home- Landlords are legally barred from locking a tenant out of the apartment for non-payment of rent. The landlord must follow the applicable state or local laws, including providing notice, and going to court to establish that the tenant has failed to pay the rent. Even a partial payment of rent may in many states bar a lock out.
Unsafe conditions – Washington State law provides that a landlord cannot injure the tenant or allow any person to do so. Tenants can have an unsafe condition repaired by the landlord, and if the landlord fails to act, call the local authorities or sue the landlord.
Legal Rights Of Tenants
In the event your landlord has materially breached the lease, you have the right to pursue your available remedies in an effort to hold the landlord accountable. Of course, your specific rights may be dictated by the lease and the laws of New York, but generally, as a tenant you can exercise any of the following legal remedies:
Right to Repair and Deduct: If your landlord fails to make necessary repairs on the leased premises, is harassing you, violating your privacy rights, refusing to provide essential services, or simply neglecting the property, you can make use of a repair and deduct remedy. You simply hire a licensed contractor to fix the problem and deduct the cost from your rent, reimbursing you for the cost of the repairs. However, you must give notice of the breach to the landlord and allow him/her time to make the repairs. If the landlord fails to act within that timeframe, the tenant can then proceed with making the repairs and deducting the cost from his/her next rent payment. In New York City, this remedy must be situated through the Housing Court, whereas in the rest of New York State, the remedy is pursued in the Civil Court.
Right to Vacate: New York tenant law gives tenants the right to vacate a rented premises when the landlord breaches the lease (violates an implied warranty), whether through failing to make necessary repairs, failing to provide essential services, harassing the tenant, and/or violating the tenant’s right to quiet enjoyment. However, this right must only be exercised after the tenant has sufficiently documented the breach (video, pictures, documented attempts to have the problem remedied) and properly notified the landlord of the problem and requested a time period in which to fix the problem.
Right to Withhold Rent: When a landlord breaches a lease, the tenant has the right to withhold rent payments. However, the tenant must follow the legal process in the New York Housing Court, including filing an HP Action initiated by petitioning the court and serving the landlord. The law also requires that withheld rent be deposited into a joint court-controlled escrow account, comprehension a significant delay in the resolution of the issue.
Right to Sue: Tenants are entitled to sue landlords over lease violations, such as a failure to make repairs, providing inadequate heat/hot water/electric/makeup air, or violating a tenant’s right to peaceable enjoyment. A tenant can sue for both actual losses as well as emotional damages for violation of tenant rights. If a breach notice is sent and no action is taken to remedy the situation (making repairs, providing services, etc.), the tenant may seek judicial remedies through the New York Housing Court.
The tenant is not required to abide by the terms and duration of the lease if the lease is violated by the landlord, at which point, the tenant may vacate (whereby the lease is deemed broken by the landlord).
Fixes To Pursue When Lessor Breaches Lease
Once you have established that your landlord has breached the lease, the first step is to document everything. Keep a detailed list of dates and times of events regarding the breach and keep notes of all communications between you and your landlord. You can use this information later in your case. Next, provide formal notice to your landlord by mail or email. Once you’ve given notice, the burden will be on your landlord to prove that he cured the problem. If your landlord doesn’t respond to you in a timely manner or if he doesn’t make things right, then your next step is to stop paying rent. This is how the law allows a tenant to be heard. At this point, you should contact an attorney. He or she will be able to inform you of your rights. There are also state and local agencies that can help you file a complaint with the appropriate agency. While this may seem like a lot to go through, it is really important that you follow the right steps. You don’t want to do something that could hurt your case in the future.
Remedies For A Tenant
If your landlord has violated the lease, the first option is to contact the landlord (via phone, email, or in person) to complain about the problem and ask your landlord to correct the problem. If your landlord does not take timely action to correct the problem, you certainly are not barred from taking legal action are any of the below actions:
- Sue for damages – If your landlord fails to provide a safe and responsive living environment, this likely violates local, state, and federal housing laws protecting tenants. You may also be able to recover damages if the landlord physically harms you, or if the landlord deliberately and unlawfully tries to evict you from the unit.
- Ask for a rent reduction – If a landlord has repeatedly failed to provide essential services or repairs necessary for a safe, habitable living environment, the tenant can ask the court to reduce the rent.
- As an alternative , a tenant may ask the court to terminate the lease and evict the landlord – This is generally considered the last resort, since it basically means the tenant has chosen to break their lease and move out, which can have a significant negative impact on the tenant’s credit, rental and employment prospects.
Tenants have successfully utilized these remedies to recover "diminished value" caused by the landlord’s breach of the lease. For example, one case illustrated the diminished value when a tenant couldn’t park near his unit because construction workers blocked an apartment parking lot. A California court awarded $2,200 in damages to reimburse the tenant for the lost use of his car spaces during the time of construction. Other successful remedies have included recovering damages where a tenant was not given advance notice before the landlord entered the apartment to make repairs, and where tenants were provided a new refrigerator that failed to refrigerate food properly.
When To Call An Attorney
There are situations when a tenant is in a position to request legal assistance: from the beginning of the lease to the end and everywhere in between. You may wish to have an attorney present during your lease signing, if you are in doubt about any part of the lease. An attorney may also be needed during negotiations over the terms of the lease (or a lease modification). If you are being harassed by your landlord, it may be time to call in legal help. If you have experienced domestic violence or feel unsafe in your apartment, there are "caution" placements that may be available to you as a victim through legal assistance. If your landlord is in breach of lease or you fear eviction, your options will be limited or overwhelming. You will want as much help and information as possible while dealing with these legal issues. Having an attorney present during these situations can be very helpful for tenants.
Legal aid may also be available to tenants that meet income restrictions. Legal Representation to New York Residents provides legal information, advice and representation in civil legal matters. Legal services may be available to tenant groups as well, to provide group legal education to residents of their buildings or communities. While legal aid may be available, you must meet certain income restrictions. To find out if you qualify for assistance and how to apply, visit . New York provides a number of Legal Aid options which are specific to individual circumstances, and can help you determine if Legal Aid is right for you.
Prevention Of A Future Situation
To help prevent breach of lease disputes with landlords, tenants are advised to take the following measures to ensure they are properly protected. First, a tenant should thoroughly review the terms and conditions set forth in any lease agreement prior to signing. Careful attention should be given to all provisions relating to rent payments, maintenance responsibilities, and any clauses that may be subject to misinterpretation. Tenants should also consult an experienced attorney to clarify any unclear provisions. Next, it is advisable to negotiate the terms of the lease to better fit the expectations of the tenant . For example, if a tenant has a pet, they should speak directly with the landlord about any potential restrictions on having pets in the space. In addition, any ambiguities should be removed from a lease before a tenant agrees to it. For example, if the property needs several weeks of repairs, then provisions should be made relating to rent payment during this time. Finally, it is important for a tenant to document the damages as they occur and notify the landlord as soon as possible. By taking these precautions, tenants can be better protected from landlord lease breaches in the future.