When Can A Tenant Terminate Their Lease Legally? By Nicholas Fagan At Isnare.com Ezine Articles

There’s 3 ways a tenant can terminate their legal obligations to the lease during its term:

(1) You can terminate due to legal misconduct on behalf of the landlord

(2) When the landlord legally replaces you with new tenants

(3) And by an agreement with the landlord and the tenant

An example of legal misconduct would be if the landlord does not maintain the premises it could be considered as legal misconduct. Some local/state laws give you the right to terminate any lease obligations if you (the tenant) have problems accessing his/her premises or if your premises have code violations you didn't know about you could terminate your lease legally.

An example of number two when a landlord replaces a tenant with new tenants would be; if another tenant moved in and pays the full amount of the rent the first tenants obligation is terminated, ended, over.

It's against the law for a landlord to collect rent from more than one tenant for the same premises. The landlord and tenant could at anytime end their lease obligations by a mutual agreement.

It's not advisable to pay a deposit unless you’re signing the residential lease agreement form at the same time. Unless they refuse you based on race, color, age, sex, they can legally refuse to allow you to move in and take your deposit if you haven't signed a residential lease agreement form already.

"Repair and deduct" what’s that?

If the landlord hires a professional to repair damages on your home he/she can deduct the cost of the repairs from the rent paid to the landlord. It's against the law for the landlord to charge more than 1 month's rent for repairs.

What is "constructive eviction?"

Constructive evictions are when the inhabitable condition of your premises makes the property unsuitable to live.

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