If my daughter was unable to pay rent when due so the landlord put an eviction notice on her door and she then moved her stuff out, is she the one who broke the lease or is the landlord?
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If my daughter was unable to pay rent when due so the landlord put an eviction notice on her door and she then moved her stuff out, is she the one who broke the lease or is the landlord?
Asked on September 1, 2015 under Real Estate Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
She broke her lease by moving out without the landlord's agreement to let her move out unless she contacted the landlord and the landlord agreed to let her out early. She also violated her lease by failing to pay rent--it doesn't matter "why" she failed to pay e.g. being out of a job is not a legal excuse for not paying--and if a tenant is evicted for nonpayment, the tenant is considered in breach of the lease. The landlord is not in breach by enforcing his legal right to be paid as per the lease by bringing a legal action.
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