can landlord terminate lease without written notice?
Malfunction of a fan in ceiling caused a burst pipe. Flooding took place. Landlord said it was uninhabitable. In my lease It stated " If we believe fire or catastrophic damage is substantial or that performance of needed repairs poses a danger to you, we may terminate your tenancy within a reasonable amount of time by giving you written notice. If your tenancy is so terminated, we will refund prorated rent and all deposits, less lawful deductions. Never received written notice or refund.
Please see edit of problem below. I want to add that my lease still had 6 months left, When I saw my apartment being advertised and available I told Landlord I wanted my apartment back. She said that whatever is on their website did not concern me. She said information on website was only for new residents and she had no control of website. Now I felt I am being discriminated against and I still did not receive any refunds.
- babyboomer1001Lv 78 months ago
Too bad. They owe you nothing. Learn the difference between the words "may" and "shall". They may... makes it optional. They shall... means that they "will" do it. They owe you nothing.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- KISS MY GRITSLv 68 months ago
- Dan BLv 78 months ago
No. Written notice is required in all instances of termination, renewal or non-renewal by both parties. The lease can be terminated early by your landlord if you don't live by the lease terms. It's calledf an eviction - requires a court order. The LL does not have to allow you to renew your lease. That's not an eviction.
- Anonymous9 months ago
As you can see from these answers, you left this way too vague. Why was it terminated? State laws sometimes apply, but what's most important is the wording in the lease. I can think of several valid reasons why a landlord would terminate a lease. I can also think of reasons that wouldn't hold up in most courts.
Gotta give us something to work with.
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- zipperLv 69 months ago
In most states NO! but you need check with an attorney in that state to be sure, plus read the lease agreement. He may of given himself that right in the lease.
- R PLv 79 months ago
Probably not, but you need to google and read the landlord laws for your area to find your answer.Source(s): FL landlord
- SlumlordLv 79 months ago
No but he can still evict you if you break the lease or don't pay the rent (probably little or no notice required for those).
- SlickterpLv 79 months ago
No, nor can he just decide to terminate it with written notice.
- curtisports2Lv 79 months ago
Not in any state in the US. Even when there is no written lease (which is required for tenancies of one year or more), a month to month agreement requires notice to either party from the other that the agreement is ending at the expiration of the notice period.
In rare cases, a situation can create a de facto termination without notice - such as when the property is suddenly destroyed. The tenant is out with no place to go without any fault on the landlord's part. Total loss by fire, flood, tornado, hurricane....
- 9 months ago
I would hope so. what if he needed to live there for financial reasons. It's his property.