Your landlord is breaking the lease?

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If there is anything stated in your lease that your landlord does not follow (e.g. not performing a duty s/he is supposed to, not allowing you to do something that the lease says you can do, etc.), then you can do something about it. Keep in mind that there are often extenuating circumstances that prevent your landlord from obeying the lease immediately. COMMUNICATE with your landlord and be sensitive if s/he is in a situation that prevents him/her from being prompt.

If your landlord violates the lease, then s/he is in breach of contract. If you have talked to your landlord and s/he is not willing to comply with the lease (and/or you are certain that your landlord is ignoring your attempts at communication) then you could have a serious problem on your hands.

Keep in mind that the landlord is NOT necessarily the enemy. Do not jump to conclusions if your landlord is being unresponsive to your attempts at communication.

If your landlord has violated a lease provision and you have been damaged (in almost all cases damages must be financial - not merely mental) you can sue him for breach of contract.

Keep in mind that any time you sue a landlord they may countersue you. So - if you owe rent to a landlord past due rent- it is likely not worth it to sue him.

Reviewed August 2009