When there is a breach of lease, landlords and tenants often go head to head to make the best out of the situation. With time, the situation becomes more and more challenging to get through with the law involved and both parties’ refusal to accept fault.
Whether you are a landlord or a tenant, breaching a lease has consequences. If you are involved in the leasing of property and do not know how to end it without facing the consequences, here is everything you need to know about the breach of a lease, with a few helpful tips.
What is a breach of lease?
While leasing a property, a tenant and landlord draw a legal contract that both parties must adhere to. When any party fails to follow the clauses outlined in the contract, it is considered a breach of the lease. In that situation, the landlord or the tenant can take legal action against the party at fault.
There can be many reasons for breaching a lease in Los Angeles.
- The landlord wants to sell the property.
- The tenant has to move to a different region, state, or country.
- The tenant made changes to the property without taking the landlord’s consent.
- The tenant fails to comply with a duty predetermined by the landlord.
- The tenant refuses to follow a rule or regulation mentioned in the contract.
- The landlord evicts a tenant without prior notice or completion of the lease term.
There can be many more reasons depending on the leasing agreement. For landlords breaching a lease can lead to financial and legal repercussions. A tenant can face similar consequences in addition to losing the ability to rent in the future.
Tips for landlords to terminate a lease
Before breaching the lease and evicting a tenant, there are certain things you need to keep in mind to do it the right way. Here are a few tips to help you terminate a lease.
Identification of breach
Identifying and describing a breach is important before notifying the tenant of the action you will take for the violation. Otherwise, you would make the process of mitigation of damages expert witness difficult.
Providing notice
Following the right step is important; without doing so, you are just inviting trouble. Once you have identified and described the breach, you can go ahead with a legal notice. Providing proper notice to the tenant is crucial to avoid any legal and costly consequences.
Consulting an expert
While terminating a lease, take advice from a legal expert before proceeding. It will decrease your chances of making any mistakes.
Tips for tenants to terminate a lease
If you have decided to move out, but the lease still has some time left, here are a few tips to terminate the lease in the best way possible.
Discuss with landlord
Although it is a tricky situation, and you may find it difficult to communicate with the landlord or property owner, it is best to maintain total transparency. Before proceeding further, it is better to talk to your landlord and communicate your issues.
Consider termination offer
Most likely, there will be a termination offer in your lease. Where you may require to pay 2-3 months’ rent, along with forfeiting security deposit, in case of terminating your lease early, but remember, every lease is different, and the termination offer will also differ.
Seek legal advice
Taking advice from legal experts is always better to make the best out of the situation. Avoid going ahead without it, as you do not know how your landlord will respond.
Wrapping up
Breach of lease is an uncertain situation as none of the parties knows how to respond in the matter. So involving a commercial real estate expert is important to avoid legal consequences or financial losses.
