It can be a big hassle when a breach of lease agreement occurs — for both the tenant and the landlord. Residential and commercial tenants and landlords located in New York City, Nassau and Suffolk counties have access to the best landlord/tenant and real estate lawyers in Queens, NY at Albert Maimone & Associates, P.C. Just call for a free consultation to learn about your rights and whether you’re being treated unfairly or illegally. Cover all your bases and don’t let breach of lease issues escalate.
What Is a Breach of Lease?
A lease or rental agreement is a contract that spells out the relationship between landlord and tenant. It also defines the terms of renting a residential or commercial property. When a building is rented to a tenant, both the landlord and tenant sign the lease. A breach of lease means that either the landlord or the tenant didn’t follow the agreed-upon terms.
Whether you’re a landlord or a tenant, if you feel the other party has breached your lease, consult the expert landlord/tenant lawyers at Albert Maimone & Associates. They represent individuals and businesses, and they have in-depth knowledge of real estate law near you in New York. They serve clients in all five boroughs of NYC.
What’s Included in a Lease?
Detailed information included in a lease spells out specific stipulations and consequences. Common lease details include:
- The address of property
- The names of all occupants
- Limits on occupancy, which means that people who aren’t on the lease can’t move in
- Term of tenancy, which is usually six months or longer
- The amount to be paid, including when and what forms of payment are acceptable
- Restrictions on illegal activity
- Who is responsible for maintenance and repairs
- Utilities that are included and those the tenant is responsible for
- Landlord’s right to enter, including the procedure for the landlord to gain entry to the unit
If there’s a security deposit, the lease states the amount of the security deposit, as well as any additional fees, such as pet fees. It also states if interest is to be paid on the security deposit.
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What Are Examples of a Landlord Violating the Terms of the Lease?
Each state and municipality has regulations in place to regulate rental agreements. But landlords don’t always follow the terms spelled out in a lease. Examples of a breach of lease agreement by a landlord include:
- Violating privacy, such as entering the rented space without giving notice to the tenant
- Failing to keep the building safe and free of mold
- Allowing premises to become uninhabitable
- Locking tenants out of a unit rather than following eviction procedures
- Shutting off utility services
- Making threats or using intimidation
Regulations are intended to ensure tenants have a habitable place to live and to protect a tenant from an illegal eviction. Tenants have the right to expect to live in a place that’s well-maintained, safe and free of hazardous conditions, leaks or pests. Landlords must provide good lighting, heat and hot and cold water. Failure to do so can lead to a lawsuit.
What Are Examples of a Tenant Breaching a Lease?
Tenants sometimes fail to follow the terms of the lease as well. A breach of lease by the tenant may be that they took certain actions they agreed not to take or that they failed to do things they agreed to do, such as pay rent on time. Examples of a breach of lease agreement by a tenant include:
- Unpaid rent
- Property damage
- Unauthorized pets
- Long-term guests
- Commercial use of residential property
Landlords have to find a way to resolve lease violations. It can be difficult for landlords to find good tenants, and every breach of lease doesn’t automatically mean eviction is the next step. A formal discussion is the first step to remind tenants that they’ve breached their lease.
If you’re faced with challenges regarding living or renting situations in Queens, New York City, whether you’re a landlord or a tenant, the best step you can take is to contact Albert Maimone & Associates. This boutique law firm offers free consultations and case evaluations, and they practice in all five boroughs of NYC, as well as in Nassau and Suffolk counties. They’re dedicated to helping you get the results you need.