3 Scenarios Where a Tenant May Need a Breach of Contract Lawyer
Quite often, landlords breach their contracts with tenants without facing any repercussions. However, as a tenant, when you sign a lease or rental agreement with a landlord, the agreement is a legally binding contract.
If you're feeling a bit helpless after a landlord violates the lease/rental contract, seek the services of a breach of contract lawyer to ensure that your landlord respects the contract. Here are three examples of situations considered as a breach of contract by a landlord, and you need to hire a breach of contract lawyer.
Wrongful Eviction
A landlord has every right to evict a tenant from their property. However, the merit and mode of eviction should adhere to the rental/lease agreement. Thus, if your landlord attempts to evict you without merit or contrary to the eviction clause in the lease/rental agreement, they are in breach of contract.
Examples of wrongful eviction may include:
- Abrupt displacement without proper notice
- Forceful removal before the notice period has expired
- Illegal eviction tactics such as changing locks or removing belongings without tenants consent
If your landlord conducts any of the above activities, it can be considered as a breach of the rental contract. Thus, it is advisable to get in touch with an eviction/breach of contract lawyer, to help you take legal action against your landlord for breach of contract.
Failing to Conduct Repairs
Under rental and lease agreements, there are specific repairs that fall under the obligation of a landlord. However, it is essential to note that you are responsible for any damage you cause to the leased/rented property as a tenant.
However, general damages to the property that are not caused by the tenant fall under the landlord's obligation. Examples of repairs that should get conducted by the landlord include:
- Repairing deteriorating sections of the building, e.g., the damaged structural integrity of the building
- Repairing utilities (HVAC, electricity, water, internet, elevators, etc.)
- Terminating pest infestations
- Changing locks
- Removing molds
Typically, you have to inform the landlord about any repairs that need to get done and give them time to organize the repairs. However, if the landlord neglects to conduct the repairs despite several reminders, then you have the right to sue them for breach of contract.
A breach of contract lawyer can help you make use of the tenancy laws to force your landlord to uphold their end of the rental/lease contract and perform the necessary repairs immediately. Hence, you do not have to suffer for an extended period because your electricity, water supply, or HVAC system are not working.
Sudden Hikes in Rental Fees
Before signing a rental agreement, it is advisable to ensure it includes a clause that stipulates the amount of time a rental hike notice should have. Typically, the law requires the landlord to provide you with at least a month's notice before activating the rental hikes. Nonetheless, if the rent increase is more than ten percent of your current rent, then the landlord should give a more extended notice period. Thus, the rental/lease agreement usually includes such details about upcoming rental hikes.
Therefore, if your landlord increases your rent without providing you with at least a month's notice, they are in breach of contract. Additionally, if your landlord doesn't officially notify you in writing about the rent increase, they also breach the housing laws and rental agreement.
Furthermore, if you rent a rent-controlled property, your landlord cannot exceed the rent control provisions stipulated by the state. Thus, the rent control provisions are also part of the rental contract. Hence, if your landlord breaches your rental/lease agreement in any of the above ways, you are entitled to take legal action against them. Contact services like Moss & Tapia Law LLC for further guidance.