When you lease a property, either as a tenant or landlord, you enter into a legal agreement that outlines the specific terms of the arrangement. A breach of lease is when one party violates one or more of the conditions specified in that agreement. Whether it’s not paying rent on time, breaking curfew, or having pets when they’re not allowed, violating the terms of your lease can lead to serious legal consequences.
If you’re a tenant, familiarize yourself with your rights and what steps to take if your landlord breaches the lease agreement. If you’re a landlord, ensure you understand what constitutes a breach and what steps you can take to protect your interests.
What is a Lease Agreement, And What Does it Include?
A lease agreement is a contract between a tenant and a landlord that gives the tenant the right to live in and use the property for a specific period. The agreement typically includes the term of the lease, the rent price, and any rules or restrictions regarding the use of the property. A well-written lease agreement can help prevent disputes and misunderstandings between the tenant and landlord. By clearly outlining the rights and obligations of both parties, a lease agreement can help to ensure that everyone knows their role and responsibilities. In addition, a lease agreement can provide valuable protection for both the tenant and landlord in case of any problems.
Examples of a Breach of Lease
· Failure to Pay Ground Rent or Service Charges
If you lease a property, you are legally obligated to pay any ground rent or service charges due. Failure to do so can be considered a breach of your lease, which can have serious consequences. If you breach your lease, your landlord may have the right to evict you. In addition, you may be liable for damages and back rent. If you’re having difficulty paying your ground rent or service charges, you must reach out to your landlord as soon as possible. They may be able to work with you to find a solution that works for both of you.
· Alterations to the Property Without the Landlord’s Consent
Making alterations to a rental property without the landlord’s consent is a breach of lease. This includes painting walls, changing light fixtures, and installing new flooring. Tenants who make unauthorized alterations may be subject to eviction. In addition, they may be responsible for the cost of restoring the property to its original condition. Landlords should clarify to tenants what alterations are allowed and what require prior approval. By doing so, they can help to avoid misunderstandings and protect their investment.
· Using The Property For a Purpose Not Permitted by The Lease Agreement
One of the most common breaches of lease is using the property for a purpose not permitted by the agreement. This can include everything from running a business out of a residential rental unit to storing commercial vehicles in a parking garage that is only meant for passenger cars. If tenants breach their lease, they may be subject to legal action from their landlord, including eviction. As such, tenants need to be aware of the terms of their lease agreement before signing it.
· Failure to Keep The Property or The Communal Areas in Repair
When you sign a lease, you agree to take on certain responsibilities. One of those responsibilities is to keep the property or the communal areas in repair. This means that if something breaks, it’s your responsibility to fix it. Failure to do so is considered a breach of lease. This can have serious consequences, including eviction. That’s why it’s important to be aware of your responsibilities before you sign a lease.
· A Breach of a Leaseholder’s Right to Peaceful and Quiet Enjoyment of The Property
The right to quiet and peaceful enjoyment is a leaseholder’s most important right. This right is breached when the tenant is disturbed by noise, nuisances, or other disruptive behavior from someone else on the property. For example, if a neighbor regularly has loud parties late at night, this would be considered a breach of the leaseholder’s right to quiet and peaceful enjoyment. In addition, if the landlord fails to address the problem, the leaseholder may have grounds to break the lease.
What Are the Consequences of Breaking a Lease Agreement
Breaking a lease agreement can have several consequences. First, you may be required to pay damages to the landlord. This could include the cost of repairs, the cost of rent for the remainder of the lease, and any other losses incurred by the landlord. You may also be required to pay legal fees if the landlord has to go to court to enforce the lease. In addition, breaking a lease can damage your credit score and make it difficult to find housing in the future.
Landlords may be reluctant to rent to you if you have a history of breaking leases, and you may have to pay higher deposits or rents as a result. As you can see, there are several potential consequences of breaking a lease agreement. It is important to weigh these consequences carefully before making any decisions.
Conclusion
If you have been served with a notice to end your tenancy or are facing other issues with your landlord, it is important to understand your rights and options. A lawyer experienced in Landlord Tenant law can help protect your interests and represent you in negotiations or court. Don’t hesitate to contact us at Saanichton Law Group for a free consultation if you need legal assistance.
