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Renting a place to live has its drawbacks. You depend on your landlord to live up to their responsibilities and must obey the conditions in your lease.
Disputes with your landlord are often very stressful and overwhelming, but a Burbank breach of lease agreement lawyer could help. One of our landlord and tenant dispute attorneys could explain your rights and help you reach the resolution that best meets your goals.
A lease is a legal contract between a landlord and a tenant for renting property. Lease terms typically last one year but can be shorter. When the lease expires and the tenant stays on by mutual consent, the lease terms continue to apply unless changed. Once an initial lease has expired, the tenancy usually proceeds month-to-month.
Lease agreements should state the length of the tenancy, the rent amount and due date, the security deposit required, and various conditions that depend on the property. The conditions could include rules regarding the use of common areas, prohibitions on noise or smoking, handling garbage, and similar issues.
All leases contain certain conditions that may appear on the lease but will be enforceable even if they do not. The warranty of habitability is one example: if the property is uninhabitable, meaning it violates health or safety codes, the lease is void. An attorney in Burbank could explain the implied conditions that might apply in a breach of lease agreement case.
Breaching a lease means violating one of its express or implied terms. Either a landlord or a tenant can breach a lease, and the other party can take action to enforce the lease.
For example, residential leases typically make landlords responsible for normal repairs and maintenance. For example, if a unit’s roof leaks, the landlord must fix or replace it. If the landlord fails to do so, they have violated the lease. Depending on the situation, a tenant could arrange the repair themselves and subtract the cost from the rent, withhold rent, or terminate the lease.
When a landlord breaches a lease, the tenant should carefully document the issue in writing and photographs, if possible. Inform the landlord of the problem promptly using whatever method is described in the lease, such as a phone call or text, and in writing by letter mailed to their home or office. Keep copies of letters, texts, and emails, and take notes of phone and in-person conversations. Then, bring this documentation to a lawyer in Burbank to explore the best legal options available for the breach in a lease agreement.
When a tenant breaches a lease, the landlord has several options. The landlord can demand the tenant comply with the lease. Depending on the nature of the tenant’s breach, the landlord could also:
When the breach is failure to pay rent, eviction is a likely remedy.
Somebody can resolve lease breaches through discussions with the landlord. A tenant who is uncomfortable with direct negotiation could engage a Burbank attorney who could contact the landlord or landlord’s legal representative to resolve the issue. Some problems are best resolved through mediation or arbitration.
Sometimes, landlords accuse a tenant of breaching the lease, hoping the tenant leaves. The landlord may want more money for the unit than the current tenant is paying. However, they could also be discriminating against the tenant based on their age, race, sexual orientation, religion, medical condition, or other prohibited reasons. People who believe their landlord is accusing them of breaching the lease on a pretext should consult a legal professional to protect their rights.
A lease is a legal contract, and both parties must honor its terms. If one party violates the agreement, the other has legal options.
Knowing your rights and choosing the option that most effectively accomplishes your goals is important. When you have issues with a lease violation, reach out to a Burbank breach of lease agreement lawyer. We could review your situation and help you respond to the problem effectively. Get in touch today.
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