Can I get out of my rental agreement if a term has been breached?

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Can I get out of my rental agreement if a term has been breached?

Agreement states that if the landlord hires an agent to manage the rental property, that said agent shall be named on the rental agreement. If the agent was hired after the rental agreement was signed and there is no agent listed on the agreement. Can that nullify my lease?

Asked on July 26, 2011 North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, what you describe would not allow you to terminate your lease. Not every breach of a contract--and that's what a lease is; a contract--justifies termination by the non-breaching party. Rather, only "material" breaches--or important ones, going to the core of the contract or lease--will allow termination. In the case of a lease, a typical breach allowing termination would be if, due to unresolved maintence, structural, etc. problems, the home or apartment is not fit for residence. On the other hand, the mere fact to name the agent on the lease is not material; it does not affect your ability to live there or get the benefit of the lease, and therefore will not justify termination.


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