Can I be sued for breaking the lease if the landlord broke it first?

Question

My landlord wants to sue me for a months rent even through I moved out before the rent was due and I was there one day after the first of the month.

My lease was never for a specific amount of time, but it does say to give 30 days notice if you plan to move out. It doesn't state that you have to pay anything if you don't give the notice.

My landlord broke the lease first b/c in the lease it says that I rent the front two bedrooms but she moved in another girl and that girls boyfriend (who didn't pay rent. My reason for leaving.) There are other cases in which she broke the lease.
I have proof of all of this.

If she broke the lease first is the lease still vaild?

Answer 1

You will want to contact a lawyer at some point to verify that what you consider to be breaking the lease by the landlord is actually breaking the lease.

However, if the landlord did not keep to the terms of the lease, there is such a thing as constructive eviction. This is when a landlord makes the situation at your home unbearable to the point that they are effectively telling you that they do not want you to live there anymore. Examples include not making necessary repairs, coming to the house everyday and harassing you without valid reason, etc.

If you feel you have compelling evidence that your landlord has made the situation for you untenable, then take the information to a lawyer. Most will consult with you for no money and tell you if you have a valid case. Each state will also have different laws regarding constructive eviction but most states do have laws addressing it. But to answer your question directly, yes there are cases where if the landlord breaks lease you are not liable.

Answer 2

Of course you can be sued, but that doesn't mean you're landlord is going to win. You can also counter sue for time lost because of attending small claims court; again this doesn't mean you're going to win. In this country people can be sued for anything but very few suits are legitimate.

The parties who signed the lease are responsible for the lease. If you had a roommate on the lease she has to pay rent as well. Normally there is a small fee for not notifying your landlord 30days before moving. It really depends on the judge but it's normally like $100-$200; since you only stayed for a day, but in your case since it doesn't state a fee. You could probably just explain your circumstances and with any luck the judge will agree you're not at fault. If there were remaining months left on your lease then there really is no way around that, you'll ultimately have to pay. Unless if the place you were renting is unlivable.

If you can prove that his apartment/house was uninhabitable you can also be refunded part, if not all of your stay. I.E. water not working, big cracks in the window, unsafe living conditions, vermin infestation, etc...

If your landlord really broke any lease of course you'd win hands down.

Answer 3

Sure, the landlord can sue. And you can raise your defenses if he does, and let the judge sort it all out.

Here's the thing. Most state laws say that month-to-month leases run from the day rent is FIRST due, to the next due date and for most people that's the 1st day of the month. So, your notice is due on or before the rent due date. If you give notice at any other time, it doesn't take effect until the next rent due date, so you owe rent for the full 30 day period after your notice legally takes effect. If your rent is due the 1st day of July, for example, and you give your written notice on July 15, your notice doesn't take effect until August 1, and you automatically owe rent thru August 31. That's just how the laws usually work.

If you have a written lease that makes you the only tenant but the landlord then moves in another tenant without having given you a proper 30day notice that she was changing the terms of the lease (month to month leases can be changed or ended after a proper 30-day notice) then you do have a claim against her for a rent reduction.

Answer 4

Yes, he can sue you, you did not gave him 30 days notice, this is not a hotel, so if you stay there for any days in a month, because of the situation, will considered as a full month, if this a 1 year lease, he can sue you for all the months until the lease expire, plus any repair he can put there, because you never did any punch list with him, so be careful, if you you get any letter from him, call him and try to negotiate something. It's depend how angry hi is. So it's minimum 2 month rent + legal fee + repair. You do the math. Good Luck!

Answer 5

from the facts as you present them (and in most states), the landlord terminated your lease without notice when she took the space she'd let to you for your private use [the other bedroom].

thus, she violated both her contract to let specific space to you and the 30 days notice provision.


counter sue -- you should get both a month's free rent AND the reasonable costs of finding and moving into alternatie housing, plus part of the rent for the entire period when this other person was living in your space.


alas, you'll likely need an attorney. And s/he won't work for free. So you ask for reasonable attorney's fees and costs in your suit. Hopefully, the initial interview with a good properties attorney [which determines if you have a reasonable case and if /she is free and willing to take it] should be free.

keep looking until you find one.


GL

Answer 6

I'd say no. I moved out with 2 weeks notice when the landlord turned the property into an uninhabitable construction zone. I sued for my deposit, and won in small claims court, because the landlord's lease violation released me from the terms.

Answer 7

They can not collect double rent. If you were offered an incentives to take the lease, such as 1/2 off 1st month rent or something like that they could sue for that. They could also sue for any damages or cleaning not covered buy your deposit.

Answer 8

Move out, don't pay her anymore money, and let her take you to court (she probably won't) if you go to court make sure you can prove that she did what you say without your permission, and I think you will win. (proving something isn't about I said you said) you have to substantiate your side of the story. but once again I don't believe that she will take you to court. You might want to seek professional legal advice, usually for the initial consultation it will be free, or you might have a landlord tenant dispute office that you can go to for advice.

Answer 9

some woman sued a volunteer little league coach for not properly teaching his son to slide. Anything is possible, i'm afraid.