Landlord Tenant Breach Law & Legal Definition


A landlord may legally terminate a lease if the tenant significantly violates the lease agreement contract terms and conditions. A lease termination for a long-term contract usually requires a 30 to 60 day written notice. Notice requirements very by state.

A landlord must give written notice before trying to evict a tenant. If you do not pay your rent or other contractual obligation on time, a landlord can terminate your tenancy by giving you this notice. A notice must state the amount of money the tenant owes and give the tenant a minimum time to pay the full amount. If the tenant pays within the stated time, the tenant has a good defense if them landlord tries to evict them. If the tenant doesn't pay within the stated time days, the landlord can declare the lease over and start an eviction lawsuit.

If the tenant wants to end the legal agreement with the landlord, and has a written lease for a specific period of time, it must be read carefully to determine if and how it may be terminated before it ends. If the requirements of the lease are followed, there will be no legal obligation to pay rent after the tenant moves.

If the lease does not give the option to break it before it ends, the tenant may try talking to your landlord to see if she or he will agree to your moving out early. You should get any agreement in writing. The landlord may want something in return for her or his agreement.

The right to cure is a right held by the tenant which permits the tenant to remedy a breach of a lease within a specified period of time without penalty. If the breach is not remedied within the stated time period, the landlord then may consider the lease terminated and bring eviction proceedings against the tenant. A notice of breach with no right to cure means that the tenant has breached a specific provision of the lease and has no right to remedy the breach. The lease is therefore terminated and the tenant has a specified time period to vacate the premises.