Q: I signed a 6 month lease & landlord broke the lease 1 month in, giving me 30 days. Can I get rent & deposit back fully?
I signed a 6 month lease with my landlord who also owns the place. The day I moved in, my landlord gave me a 30 day notice because she wanted to move back in. I want to make sure I get my deposit back, which there should be no problem with. As for compensation for putting me in a compromising position of having to move out within 30 days of moving in, is there something that states compensating some rent back to the tenant when the landlord breaks the lease agreement? I was told I could even get my full rent for the month back. Not sure if this is true, but would like to hear more about what I can do and what is realistic.
A:
Absent terms in the lease agreement, the landlord is proposing to breaching the terms of the lease. The landlord cannot terminate the lease (just like you cannot) provided that you are not in violation of the lease agreement (i.e. current with your rent). However, both the tenant and the landlord can mutually agree to terminate the lease early.
Arguably you should get a total refund, but the circumstances can change this (i.e. if some damage occurred). Note, you are not required to accept the landlord's proposal and the landlord cannot force you to leave - this is why breaching landlords often offer additional incentives for the tenant to leave early (i.e. mutual consent to terminate the lease early).
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