Can I break my lease within 45 days and get my rent back that I paid in advance?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I break my lease within 45 days and get my rent back that I paid in advance?

I feel like my landlord is not telling me the truth about some damage that was supposedly done by my 6 week puppy. She doesn’t have any pictures and she’s trying to charge me for a cleaning bill and other things and being very rude towards me and saying I can’t have that breed but there are 2 other residents that have the same breed dog that live there?

Asked on September 7, 2011 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you can break your lease or not depends upon the terms of the written lease (assuming you have one) in that its terms and conditions control the obligations owed by you to the landlord and vice versa in the absence of conflicting state law as well as the length of term that your lease is for.

If your lease is a month-to-month, then you can serve your landlord with a thirty (30) day notice of the termination of your lease.

If the dispute that you are having with your landlord is over the new dog that you received and the alleged damage it caused, I do not see a basis for you to terminate your lease if it is beyond a month-to-month term and recover monies paid in advance unless your landlord is willing to voluntarily end the balance of the term you have for the lease in writing.

Good luck.

 


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