A lease agreement is a legal document that binds both the landlord and the tenant. However, there are ways a tenant can break a lease without facing penalties.
These are some of the situations where a tenant can break a lease.
It depends. You may break your lease if the living conditions are inhabitable. Accordingly, you must show the termites are significantly affecting your ability to live and make use of your rental property.
In addition, you have to first give notice to the landlord and give them the opportunity to address the problem before you break the lease.
Constructive eviction occurs when the rental premise becomes extremely inhabitable that the tenant is forced to leave. This means it is impossible for the tenant to stay on the premise, and hence is constructively evicted by the landlord.
In order for you to have a constructive eviction claim, you have to show the following:
If you fulfill the above requirements, you may be able to terminate your lease with no penalty.
A constructive eviction claim can be a bit risky as you have to actually vacate the premises before you file the claim. There are, however, other alternatives that you can take to remedy the situation if your landlord refuses to address the termite problem. These include:
States have different landlord-tenant laws. Make sure to research the laws before you take any action.
If termites infest your rental premise, the landlord is obligated to address it. You may also be able to break your lease depending on how severe the situation is. Consult a landlord-tenant attorney to learn more about your options and the legal recourses you can take.