Reasons to Terminate a Residential Lease

There are literally hundreds of reasons that you might want to terminate a residential lease, whether you are the renter or the owner of a property. Unfortunately, however, they are not all legal reasons to terminate a residential lease, which is where the ambiguities lie. There are procedures to follow when terminating a residential lease, and if they are not followed, you could be liable for damages.

Reasons to Terminate a Residential Lease #1: Failure to Pay Rent

In order for a landlord to terminate a residential lease for failure to pay rent, there must be a provision in the leasing agreement that states the penalties for nonpayment of rent. If eviction is not listed as a penalty, it will be harder to evict the tenant. Make sure to document all occurrences and conversations with the tenant before filing the paperwork to evict.

Reasons to Terminate a Residential Lease #2: Breach of Leasing Agreement

When the terms of a leasing agreement are not meant, both parties have the right to terminate the residential lease. For example, if a tenant continues to play loud music and aggravate his or her neighbors, the landlord can evict. Similarly, if the landlord fails to make necessary repairs to the dwelling as promised in the leasing agreement, the tenant may be able to terminate the residential lease.

Reasons to Terminate a Residential Lease #3: Property Damage

This could honestly go both ways, but landlords are usually the ones to terminate residential leases based on property damage. If a tenant continues to put holes in the walls, damage the appliances, or soil the floors, the landlord may be able to terminate the residential agreement and evict the tenant.

Reasons to Terminate a Residential Lease #4: Constructive Eviction

This is similar to a breach of the leasing agreement. A constructive eviction is where a landlord fails to provide a reasonably safe and livable dwelling for the tenant within a reasonable amount of time. It’s vague, I know. If the tenant is not able to live in the dwelling, he or she may be able to consider himself constructively evicted and terminate the lease.

Reasons to Terminate a Residential Lease #5: Mutual Agreement

If, for whatever reason, both the tenant and the landlord agree to terminate the lease, it can be done. They will both need to sign a contract that states that the lease has been dissolved, and both the tenant and the landlord should sign the document.