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Noncompliance >Violating the Lease
Violating
The Lease
If
there is anything stated in your lease that your landlord does not
follow (e.g. not performing a duty s/he is supposed to, not allowing you to
do something that the lease says you can do, etc.), then you can do
something about it. Keep in mind that there are often extenuating
circumstances that prevent your landlord from obeying the lease
immediately. COMMUNICATE with your landlord and be sensitive if s/he
is in a situation that prevents him/her from being prompt. (see Advice
On Dealing With Landlords)
General
Information
Prevented
From Moving In?
General
Information
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If
your landlord violates the lease, then s/he is in breach of
contract. If you have talked to your landlord and s/he is not
willing to comply with the lease (and/or you are certain that your
landlord is ignoring your attempts at communication) then you
could have a serious problem on your hands.
-
Keep
in mind that the landlord is NOT necessarily the enemy. Do not
jump to conclusions if your landlord is being unresponsive to your
attempts at communication.
-
Contact
Tenant Services and ask for
their advice. They can tell you if your situation is severe enough
to end your lease or go to court.
-
If
your landlord is violating the lease, you are legally allowed to
end your lease and find another place to live (see Want To End
Your Lease Early?)
Prevented
From Moving In?
If
your landlord does not let you move into the apartment on the date
specified in the lease, then you can do something about it. Keep in
mind that there are often extenuating circumstances that prevent your
landlord from having an apartment ready on time. COMMUNICATE with your
landlord and be sensitive if s/he is in a situation that prevents
him/her from being prompt.
-
If
you have not moved into the apartment on the date specified, then
you do not have to pay rent for the time period that you are not
living there. This is a common action to take (even if you are
patiently waiting for the landlord to get your apartment ready).
Be sure to notify the landlord that you are not going to pay rent
for the days you have not lived in the apartment.
-
If
you are really upset that you are not able to move in, and you
decide that you cannot live in this apartment, you can:
1.
Send a WRITTEN NOTICE to the landlord explaining that you are
planning to end the lease within 5 days. SIGN and DATE the notice, use
respectful language, and keep a copy for yourself.
2.
The lease officially ends within 5 days of the landlord
receiving this notice.
3.
The landlord must repay any and all prepaid rent.
