tenant did not pay rent under the lease obligation while attempting to talk with the landlord asking to waive the right to mediation and will pursue suing the landlord.This seems like a ploy to get out of lease.landlord is agreeing to void lease as tenant dissatisfied. Meanwhile landlord going out of town rent is overdue. What should landlord do?
2006-09-06 16:03:53 · 5 answers · asked by d s 4 in Politics & Government ➔ Law & Ethics
Has the tenant made the agreement yet? That is the question.
If so, then the tenant has 30 days (depending on the state) to vacate the premised.
If not, the tenant can proceed with eviction.
2006-09-06 17:53:14 · answer #1 · answered by BeachBum 7 · 0⤊ 0⤋
A breach is when a contact term or duty is violated. Breaches can be minor, in which case the other party is still bound, or the breach can be material, which is fatal to the contract. In most jurisdictions, once one party has committed a material breach, the other party is no longer required to abide by the contract either.
If a tenant did not pay rent, that goes to the basis of the contact and would generally be considered a material breach. But landlord-tenant law has specific rules that apply per state.
You also mentioned "landlord is agreeing to void lease". If the tenant accepts and voids the lease, that means there is no longer any lease contract. So, there would be no contract to breach.
2006-09-06 16:17:46 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Cora gave pretty great specifics regarding lease breaking but if a tenant is with holding rent for any reason they need to put that rent money in escrow until a court decides whether it was in fact a material violation. If they do not have the money in escrow that nullifies their argument. I'd have to know a little more regarding the exact lease problem as well as your state to find the applicable laws for you. If it's KS or MO I can do it by heart :) best of luck.
2006-09-06 21:33:59 · answer #3 · answered by cptv8ing 3 · 0⤊ 0⤋
laugh at the tenant and tell them to pay up or be evicted.
And if they don't pay, evicit them.
Unless the landlord broke a term of the lease, the tennant is merley trying to scare. Anytime, and I mean anytime someone says they will sue you tell them ok, go ahead, normally if you are in the wrong you still have nothing else to lose since you would lose anyway, if you are right it puts them in their place.
2006-09-06 16:11:13 · answer #4 · answered by Anonymous · 0⤊ 1⤋
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2016-09-30 10:17:01 · answer #5 · answered by sashi 4 · 0⤊ 0⤋