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Q: How does a tenant show a breach of lease contract?
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What legal action can the landlord take if you left the apartment four months prior to the lease expiration even though you gave them a thirty-day notice?

The Landlord has a duty to mitigate damages (in other words, to attempt to find a replacement tenant). However, if the Landlord is unable to find a replacement, the Landlord can bring a cause of action for breach of contract and is entitled to a full judgment of the remainder of the contract unless the vacated tenant can show frustration of purpose or some other appropriate remedy. The 30-day notice is irrelevant as to this scenario.


When the lease agreement ends can you ask the tenant to leave if I do not wish to renew the lease?

Yes. You should do it carefully, however, so that there is no appearance of the lease continuing on a month-to-month basis. One month before the end of the lease, send a written letter to the tenant stating that you intend to terminate the lease on its expiring date. Do not accept any rent money for periods after the end of the lease or you have automatically renewed the lease on a month-to-month basis (the details depend on your jurisdiction, I am thinking of California as I answer this). You are entitled to show the unit to prospective tenants as long as you give the required notice and do it during approved or normal business hours.


Does a real estate contract become void if the buyer does not show on closing day?

It doesn't become void unless the other party wants to void the contract. The seller can use that failure to show up at the closing to void the contract but there are further consequences for the buyer. Not showing up for the closing is a breach of the contract and generally the seller can keep any deposit as long as that provision was recited in the sales contract. You should consult with an attorney.It doesn't become void unless the other party wants to void the contract. The seller can use that failure to show up at the closing to void the contract but there are further consequences for the buyer. Not showing up for the closing is a breach of the contract and generally the seller can keep any deposit as long as that provision was recited in the sales contract. You should consult with an attorney.It doesn't become void unless the other party wants to void the contract. The seller can use that failure to show up at the closing to void the contract but there are further consequences for the buyer. Not showing up for the closing is a breach of the contract and generally the seller can keep any deposit as long as that provision was recited in the sales contract. You should consult with an attorney.It doesn't become void unless the other party wants to void the contract. The seller can use that failure to show up at the closing to void the contract but there are further consequences for the buyer. Not showing up for the closing is a breach of the contract and generally the seller can keep any deposit as long as that provision was recited in the sales contract. You should consult with an attorney.


Agreement to Cancel Lease?

Get StartedThe Agreement to Cancel Lease should be used when a Landlord and Tenant have mutually agreed to alter the ending date of the lease agreement from its original terms. This Agreement is only suitable for a voluntary termination of a lease term. Both the Landlord and the Tenant need to sign the Agreement for it to be legally effective. This Agreement is not designed for use if one party is looking to unilaterally end the rental relationship (for example, a landlord is trying to evict a tenant for non-payment of rent).There may be several reasons that the parties wish to alter the length of a lease. Often, a Landlord sells the property to another party who does not wish to have the property occupied by a Tenant. If the parties can agree to an earlier termination to the lease, this document can be used to identify an earlier termination date. Sometimes a Tenant may want to get out of a lease agreement (wants to move, needs a bigger apartment, etc.). If the Landlord is willing to let the Tenant break the lease, this Agreement may be used to clearly show when the lease will end.This Agreement can be used for both commercial and residential leases. It should be signed by both parties and if there are multiple Landlords or Tenants, all should join in signing. It is not necessary that the signatures be witnessed or notarized.


If a tenant is breaking her lease what notice do you have to give to the tenant to show the apartment to prospective tnenants?

In WA, 48 hour notice is required. Check with an attorney or landlord advocacy group in your state for more info on your state's laws. Please check the Landlord Tenant Statute specific to your state. You can find a link to these statutes for all states at AboutTenants.com. Select "Landlord Tenant Statutes" from the sidebar and then click on your state. It should also be in your lease agreement. If you need updated leases, AboutTenants.com provides them for FREE to registered users and they have terms and conditions that help protect the landlord. There are also addendums to the lease that provide additional protection to the landlord and other residential rental forms.


How do you write a letter showing proof of residence - if you are a tenant?

To write a letter as a tenant showing proof of residence, include your name, address, contact information, landlord's name, and duration of tenancy. You can also attach a copy of your lease agreement or utility bill under your name at the address for additional verification.


If the landlord voids a lease in writing before the tenant moves in and promises to return the tenant's deposit in writing but the money doesn't show up does the tenant have any rights?

Probably, depending on what you've signed beforehand. Was it a holding deposit (a couple of hundred pounds) to secure the flat or a security deposit (5 or 6 weeks rent) to be held for the duration of the tenancy? If it's a security deposit, then yes. If it's a holding deposit, it's trickier. I just hope you had a receipt. After 500.00 any contract must be on writting. To this case is up to the judge now...


Can Any breach allows the breaching party to sue for damages?

No. Most contracts have some kind of remedy for breaches built into them, but, if yours does not, you still have to show how the breach caused you a financial loss (damages). Without a remedy in the contract itself, your chance at receiving damages is pretty small.


How long do you have to make a claim for constructive dismissal?

You will have three months from the dismissal date to do this. To do the claim you must show that you were not given any options except to resign due to a breach in contract with the employer.


Will a breach of a injunction show on CRB check?

No, a breach of an injunction would not typically show up on a standard Criminal Records Bureau (CRB) check. However, it may show up on an enhanced-level check if the breach led to a criminal conviction.


If a tenant breaks a lease on an apartment but is still living there does twenty four hour notice have to be given to show the property to a prospective tenant?

Yes--if 24 hour notice is all that is required by your state (unless you would like to be on the losing end of a lawsuit initiated by your unruly tenant). Keep in mind that you may only show the unit once a notice to vacate has been issued (at least in WA), so you might contact a landlord advocacy group in your area for details.


Can I request that the lease owners pay for the electric for my small business?

You can request that they pay, and many places will take it under consideration, particularly if you can show that the power consumption will be consistently low. Although, most management companies and lease owners will only do this if it is stated in the contract ahead of time.