What Happens When a Landlord Violates a Lease Agreement?

When a tenant violates the terms of their lease, the consequences tend to be fairly obvious: namely, they are likely to risk being evicted from their apartment. However, all lease agreements go both ways, and that means that landlords can also be held responsible if they fail to keep up their end of the bargain. But what exactly happens when a landlord violates a lease agreement, and what can you do about it?

What is a Lease Agreement?

In simple terms, a lease agreement is a contract between a landlord and tenant which sets out the terms that both must abide by. Among other things, it will explain how much the tenant owes the landlord in rent, as well as other restrictions such as whether the tenant can own pets or sublet the apartment to someone else. It also lays out the obligations the landlord has towards the tenant, such as respecting the tenant’s right to quiet enjoyment or the responsibility to keep the apartment in good repair.

How Can a Landlord Violate a Lease Agreement?

A landlord can violate a lease agreement by failing to uphold the terms of the contract, or by failing to abide by the responsibilities they are required to fulfill by law. For example, a landlord may violate a lease by failing to repair broken utilities in a timely fashion, or by failing to return any unspent portion of a security deposit when the lease is over. They may also be held responsible if they enter a tenant’s apartment without a good reason, or by trying to evict them while a valid lease is still in place.

What Happens If They Do?

When a landlord violates the lease agreement, the specific consequences they face may depend on a variety of different factors. For example, a landlord who has been found to be in violation of the warranty of habitability by failing to ensure their apartments are safe and comfortable to live in may find they are not entitled to a tenant’s rent for the period they were in violation. Likewise, a landlord may be forced to not only compensate a tenant for stealing their security deposit, but may also face additional legal penalties.

What Should You Do?

If your landlord has violated the terms of your lease, you should speak to a lawyer with experience handling landlord-tenant issues. They can help you review your case and ensure you get the best possible outcome for your circumstances. The sooner you call, the sooner they can begin working for you.

If you are in a dispute with your landlord and want to know more about protecting yourself, do not wait until it is too late. You should seek advice from an attorney experienced in handling landlord-tenant disputes, who can advise you on your rights and help you avoid the risk of eviction. Contact the skilled landlord-tenant attorneys at Hobson-Williams, P.C.  Contact us online, toll-free (866) 825-1529 or (718) 210-4744 to discuss your rights and the solutions available to you.

Author: Tanya Hobson-Williams

Appointed to the bench by the Board of Trustees in 2008, and elected in 2009, Tanya Hobson-Williams was the first African-American Female Justice in the Incorporated Village of Hempstead. Tanya Hobson–Williams obtained her B.A. in Government and Politics from St. John's University and her law degree from Benjamin N. Cardozo School of Law. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concerns to families caring for the elderly.

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