If a tenant breaks their lease, what actions can the landlord take against them?
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If a tenant breaks their lease, what actions can the landlord take against them?
One of my friends came to town and signed a lease for a rental house. However he felt unsafe because there were some threatening type people living there. When he would come back from work at night cars stopped him and harrassed him. He made several complaints with his landlord. So can he break the lease and rent a new house? Can the landlord take legal action? If he goes to court what are the possibilities?
Asked on August 5, 2011 Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the threats against him were made by other tenants in the premises/building, then it may be that your friend can break the lease due to violations of his right to quiet enjoyment--the actions of other tenants, which are in this regard chargeable to the landlord (since the landlord may take action against tenants who disturb the peace) are making it impossible for your friend to "enjoy" or use the property he rented. He should still speak with an attorney before taking any action, since breaking a lease when you don't have proper grounds or in an improper way can result in the tenat being liable for ALL rent due under the lease (e.g. for the entire year).
On the other hand, if the problem people are not other tenants--e.g. it's just a bad neighborhood--or if the threats are made by other tenants off-site--where the landlord has no right to control them--then your friend probably has no right to break the lease. (Though, if the problem is non-tenants, then if the building is not adequately secured--no locking front door, not enough light, etc.--your friend may still have grounds to leave.) Basically, the landlord must be doing something wrong--such as by allowing other tenants to distrub the peace in the building, or not providing reasonable security--for there to be grounds to break the lease without penalty. Otherwise, as noted, improperly breaking a lease can result in being liable for all remaining rent.
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