Can I legally break the lease due to the landlord’s attempt at violating the lease’s terms?

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Can I legally break the lease due to the landlord’s attempt at violating the lease’s terms?

My landlord has served me with a 3-day notice to pay rent or vacate on the 4th day of the month. The grace period in my lease is 5 days. This is not the first time the landlord has attempted to change the grace period as outlined in the lease.

Asked on September 5, 2012 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The way to resolve the issue between you and you landlord as you have written is to write him or her a letter mentioning the grace period for you to pay rent of 5 days from whan the rent is due. Keep a copy of the letter for future use and need.

Under the laws of all states in this country, you cannot break your lease without recourse with your landlord until the landlord materially breaches it from his or her end. The early pay or quit notice is not a material breach of your lease at this point in time by the landlord.


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