Can a landlord tell you to move out 2 months before lease is up because they have promised the apartment to another tenant?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord tell you to move out 2 months before lease is up because they have promised the apartment to another tenant?

Asked on December 5, 2012 under Real Estate Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No. A lease is a contract: it binds both parties (landlord and tenant) and neither party may change its terms without the consent, or agreement, of the other. You may not be made to leave until the expiration of your lease term unless you provide legal grounds for eviction, such as not paying your rent, and even then, only if the landlord files an eviction action in the courts. (Note: if your lease gives the landlord the right to terminate your tenancy early, such as on two months notice, that is legal--check your lease to see if there are any circumstances under which your tenancy may be terminated ahead of time.) If your landlord wants you out early, he has to get you to agree to move out, such as by offering you something (e.g. money) to make it worth your while.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption