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No. If your name is on the lease you are bound by the terms of the contract, unless one of you leaves for the military. Possibly you could ask the management for an amended lease--usually you can move within a complex, pay a fee, and continue, so maybe there would be latitude in that area. Certainly, though, you are bound to the lease and the other person has to be in agreement.
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Can a tenant sue a landlord who is in bankruptcy?
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
What is a Accelerated Rent?
If a tenant defaults on a lease (e.g., failure to pay rent on time, damage to the premises, keeping a pet when it is not part of the lease, etc. ) then the lessor can evict the tenant. At that point, the lessor can demand the full balance of the lease be paid immediately.Enforceability varies from state to state. You should see a lawyer specializing in landlord/tenant law if you are caught in this situation.Avoid any lease that has what appears to be an "Acceleration" clause.
Can you break your current apartment lease if you get fired from your job?
Not without the penalty stated in the contract. The lease can't be broken because of personal problems. It is possible that a cool landlord would just let you out of the lease if you talk to him about it, but they don't have to bend over backward if they don't want to.
Can a landlord enforce a written lease when he and the tenant agreed verbally to end the lease early?
Of course. As a matter of contract law, a lease (which has contract and property law issues) can be "broken" by either party at any time, as long as the breaching party is willing to pay any damages arising from the breach.For example, the landlord should expect to have to pay something to help the tenant find another suitable place to live, and perhaps part of the moving costs.
What can you do as a renter when the landlord has not paid asessment fees to the association?
If the association fees are part of the obligations of your landlord under your lease agreement you could pay the fees directly, then deduct them from the rent, sending a letter to the landlord with the accounting. You should check to see if there is a landlord-tenant agency in your area and call for advice.
What is suborination and non disturbance agreement?
The correct term is "subordination". This is an agreement signed by a tenant and landlord of commercial property which is a recognition on the part of the tenant that the lease is subordinate to any mortgage which the landlord has or may in the future place on the property. Lenders sometimes want this so that the tenant recognizes that the lease does not have priority over a mortgage granted by the lender. The non disturbance agreement generally signed by the lender and/or landlord which indicates that so long as the tenant is not in default of the lease, the possession of the tenant will not be "disturbed" or in other words, the tenant will be allowed to remain in the premises even if the landlord should be in default of the mortgage.
Can a landlord evict one tenant not the other?
He could, but it depends on the wording of the lease. Normally there is only one tenant on a lease: the rest of the legal occupants are considered part of the household. A landlord can kick out the one tenant and create a new lease for another occupant, making him the tenant.
Why does a lease gives both the tenant and the landlord security?
A security deposit is a refundable deposit that a tenant pays to their landlord before they move into a property As long as a tenant abides by the terms of their lease, this deposit should be returned to a tenant when their lease has expired. There are certain situations where a landlord is allowed to keep all or part of a tenant's security deposit.
What happens to a lease if the tenant goes to hospice care?
I'm no lawyer but...here is my understanding of the situation. While the tenant is alive, they (or the person legally acting for them) are responsible for the financial obligations and the lease is in force. If the tenant is not returning, you should consider terminating the lease and moving out. If it is a month-to-month lease, this part is easy. If it is a fixed-term lease, investigate whether the landlord will agree to terminating the lease early.
Did not sign final lease papers can you break a lease without a final signature?
In most states if you accept an apartment, move in it, and pay the rent, it is an agreement to the acceptance of the terms and conditions on the lease, whether signed or not. If the landlord gives you the keys and accepts the rent, it is an agreement on his part of the terms and conditions, whether signed or not.
Can I break a lease agreement if I discovered the landlord lied about utility coverage and responsibilities of fruit trees?
The only time you can break a lease, or quit, if you will, is when the breach of the lease is material. If your lease states the landlord is responsible for utilities and subsequently failed to pay, which resulted in services being disconnected, you may have the ability to quit the lease. Part of a landlords duties is to keep utilities on at all times while a tenant is living on their property.
Can you evict if your tenant is a threat to you?
You can evict a tenant when the tenant breaks the lease or rental contract by not paying rent or lease payments. You can also evict a tenant who breaks a lease by breaking rules listed on the lease.
Can a tenant sue a landlord who is in bankruptcy?
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
What is a Accelerated Rent?
If a tenant defaults on a lease (e.g., failure to pay rent on time, damage to the premises, keeping a pet when it is not part of the lease, etc. ) then the lessor can evict the tenant. At that point, the lessor can demand the full balance of the lease be paid immediately.Enforceability varies from state to state. You should see a lawyer specializing in landlord/tenant law if you are caught in this situation.Avoid any lease that has what appears to be an "Acceleration" clause.
10 day notice of intent to terminate lease agreement for material breach?
A ten day notice is usually given as a notice to terminate a tenancy for a breach of a lease agreement. The notice must define the part of the lease that was violated by the tenant and state specific actions for the tenant to take.
In Ma. can you make the tenant pay the water bill?
Yes--as long as that is a part of the rental agreement.
Who pays building insurance on a rental house?
It really just depends on your lease. In some areas it is customary for the owner to provide the structures insurance while in other areas it is commonly part of a lease agreement that the tenant will provide it.
