Can I still ask for the remaining rent term on a lease if I file breach of contract instead of nonpaynment?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I still ask for the remaining rent term on a lease if I file breach of contract instead of nonpaynment?

I am a landlord and went to court file eviction once already. However I think house specialist in the court said since I start the summons summary process(eviction), the lease is terminated already. Can I still ask the remaining rent term on the lease if I file breach of contract instead of nonpayment?

Asked on April 13, 2012 under Real Estate Law, Connecticut

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states, if a landlord sues for an eviction of his tenant and all unpaid rent as of the date of the filing, the eviction proceeding is a summary proceeding where the goal is to get the tenant out of the unit sooner rather than later. I always ask for future rent under the terms of the agreement if the court holds that the lease has been forfeited.

In your situation, I suggest that you file an amended complaint against the tenant before the upcoming hearing and have it served upon the tenant seeking future rent under the lease if the court holds the lease forefeited. Theories would be breach of contract, breach of the implied covenant of good faith and fair dealing where the remedy would be the forfeiture of the lease and damages.


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