If a landlord breaches a provision of a lease, itthe lease thenconsidered to be terminated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a landlord breaches a provision of a lease, itthe lease thenconsidered to be terminated?
Our lease included the landlord to pay HOA fees. She did not over the first year of the lease, thus keeping us from using the pool facilities. Now she is caught up on payments. Can I consider her prior lateness as breaking the lease? Can I then rightfully walk away from the lease with no penalty?
Asked on March 31, 2011 under Real Estate Law, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally, before getting into the details of your particular landlord tenant lease issue, a lease is a contract. When a contract is materially breached, not simply breached regarding a non-material provision, then the contract is considered void or voidable depending on the type of breach and the laws regarding the same. This then may automatically or by court order terminate your requirements under the lease as the tenant. HOA fees may have prevented you from using the pool facilities and if that was a material term of your lease, you could have paid them and then deducted it from your rent. If she is now caught up, her prior breach was waived by you and therefore, you probably won't be able to walk away now from the lease. You can ask her to surrender the lease so you can walk away without penalty and if she agrees, she needs to give you an accounting of the amount taken from your security for things like cleaning and repair.
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.