A lease is a legally binding contract that requires the individual to remain living in the property for a certain length of time. There are several reasons someone may want to break their rental lease. Unexpected job transfers, break-ups, unsafe conditions, or other issues can all provide reasons to break a lease. It is important to examine a contract thoroughly prior to signing, to ensure that you understand all of the requirements and limitations.

Legal Reasons

            The acceptable reasons to break a lease vary between states and contracts. Here are a few of the reasons an individual might be allowed to terminate a lease early. If the tenant is an active member of the military and receives a change of station notice, they are able to terminate their contract early without consequences.

            In many cases, victims of domestic violence will be allowed to break a lease early. The violence usually has to have occurred in the last 3 to 6 months. The applicable laws vary between states, so you may want to consult with an experienced attorney prior to breaking a lease.

            If the rental is illegal, the landlord breaks the terms of the lease, or the landlord fails to keep the property habitable, the tenant may be able to terminate the lease early. These can include the landlord repeatedly entering the premises without notice or failing to keep the water running.

Consequences

            If you don’t have one of the legal reasons to break a lease early, you may want to break the lease anyways. This can have some significant consequences in the long term. Breaking a lease early can result in significant early termination fees. The landlord may require you to continue paying the rent until they find another tenant.

            Early termination of a lease can impact your credit. It can be passed as a judgement in a civil court and show up on your credit report. There are alternatives to breaking a lease. You may be able to sublet the property, if that is allowed in your contract.

            If you have reason to break a lease early and are unsure if you are able to, contact us at LeBaron & Jensen today!

            Ejectments and evictions are legal actions that are used in separate circumstances. Both actions are intended to legally remove occupants from a property. The trials for each type of legal action take place in different courts. Eviction cases are held in a landlord-tenant court, while ejectment cases are usually held in a circuit court.

Eviction

            To pursue an eviction case, the individuals must have a tenant-landlord relationship. This can usually be proven through the written rental contract. If the occupant has paid rent to the landlord, they are considered a tenant of the property. The eviction process takes place in a landlord-tenant court, which is why the tenant-landlord relationship is vital.

Ejectment

            Ejectments occur when there is not an existing landlord-tenant relationship. These occur when the owner wants to remove an occupant from their property. This may include a guest who has overstayed their welcome and is typically characterized by an occupant that has never paid rent but refuses to leave. Ejectments tend to be easier to prove, unless the occupant can prove that they have ownership in the property.

            Ejectments and evictions are separate processes that are often used to produce the same results, but they are used in different circumstances. To determine the proper course of action for your situation, you may want to consider contacting an experienced attorney. To obtain superior legal guidance, contact us at LeBaron & Jensen today!

            Evictions and unlawful detainer are phrases that are commonly interchanged, but they do have slightly different meanings. Unlawful detainer cases are often a specific kind of eviction. They require different circumstances than general evictions do.

Evictions

            Evictions occur when landlords take the steps to terminate the tenant’s right to legally remain on the rental property. This can happen because of many different reasons. If the renter ceases to pay rent, the landlord will have cause to terminate the lease. Additionally, violating the terms of the rental agreement, such as having pets or subletting the property, or participating in illegal activities on the premises can also result in a legal eviction. Most evictions require proof of a previous tenant/landlord relationship.

Unlawful Detainer

            Unlawful detainers are a type of eviction. They are specifically used when the tenancy has been terminated and the tenant should have moved out, but hasn’t. These don’t require proving the previous existence of a tenant/landlord relationship. This can apply to circumstances when guests overstay their welcome, among many other things.

            Evictions are an overall term for legally removing a tenant from a rental property. Unlawful detainers occur when people don’t have the legal right to be on the property. General evictions, that aren’t unlawful detainer, require the landlord to prove that the tenant has violated the terms of the rental agreement and has therefore lost their legal right to reside on the property.

            Whether you need to go through an eviction or lawful detainer process, it may be necessary to obtain legal counsel. To obtain superior legal counsel, contact us at LeBaron & Jensen today!