When you rent an apartment, home, or commercial space, you enter into a lease agreement. The lease provides important information for both parties. A lease includes responsibilities and protections for both the tenant and the landlord. The lease is in place until the end date. In some cases, a tenant or a landlord may end the lease early, which may be due to a breach. A knowledgeable attorney will help guide you through the rental lease process.
Wisconsin Breach of Lease
A lease is a contract. A tenant or landlord breaches a lease when they fail to abide by the terms of the contract. A tenant cannot simply move out before the end of the lease without consequences. A landlord cannot end a lease early without going through proper eviction procedures. A serious breach happens when a party to the lease violates the terms of the contract. Both parties have a responsibility to try to remedy the situation before taking the major step of terminating the lease.
Tenant Breach of Lease
A tenant has some duties and responsibilities as part of the lease agreement. A tenant must pay rent on a timely basis as specified in the lease. Generally, a tenant pays rent on the first of the month. A late fee may be assessed if the rent is paid beyond a specific number of days after the due date. A tenant must obey the rules of tenancy. For example, they must take proper care of the premises and not damage the unit. A tenant cannot use the property for unlawful purposes. The tenant cannot be noisy or otherwise infringe on the rights of other tenants.
Landlord Breach of Lease
A landlord must provide a habitable space to a tenant. If a property becomes inhabitable, it could become a breach of the lease if the landlord fails to make necessary repairs in a timely manner. A landlord cannot raise the rent during the length of the lease. A landlord can’t evict a tenant unless they first go through the legal eviction process. A landlord can’t lock out a tenant or take any retaliatory actions because a tenant exercised their rights.
What Happens in a Breach of Lease?
If the lease has been seriously breached by either party, it may be considered void. The lease may effectively come to an end if either party seriously breaches the contract. A landlord may take steps to evict a tenant if they breached the lease. For instance, if the tenant fails to pay rent, the landlord may legally evict the tenant due to non-payment, which is a breach of the lease. The tenant may move out without having to complete the length of tenancy in the lease if the landlord does not provide a habitable place to live. A habitable space is one that is safe and usable. Small issues or defects do not necessarily mean that the apartment is not habitable. Only large problems that impact habitability may be breach matters. A tenant must allow a landlord time to resolve the issues before it could be considered a breach.
Tenants and landlords often find themselves in situations that require resolution. Any type of breach must be handled in accordance with the law. A knowledgeable attorney will review the details and help with the options that you have available based on the facts. Contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.