For example, in some states, basement apartments are illegal. As a result, a lease for such an apartment would be null and void. Explore our coliving spaces today! Keep reading to see how you can live like a celebrity in Hollywood on a budget! Keep reading to learn about some day-to-day budget swaps you can make. What is an apartment lease? How can I legally get out of my lease early? How can you break a lease without paying? What makes a lease null and void? Related posts:. Tenants who have been victims of domestic violence may have the right to terminate their lease agreement without penalty.
Usually, the act of violence must have occurred in the recent past, typically within the last three to six months. The Tenant Must:. The landlord has the right to request proof of this act of domestic violence. Acceptable forms of proof usually include a copy of an order of protection or a police report which documented the incident.
If it turns out that the apartment a tenant was renting was not a legal rental unit, the tenant can terminate the lease agreement without penalty.
State laws will vary, but the tenant is often entitled to the return of at least a portion of the rent they have paid over the life of their lease. They may even be entitled to additional money from the landlord to assist them in finding another apartment to rent. Tenants may be able to legally break a lease if the apartment violates habitability standards, if the landlord harasses the tenant, if the tenant receives change in military station orders, if the tenant is a victim of domestic violence or if the apartment is illegal.
The Judicial Council of California. New Jersey Department of Community Affairs. Accessed May 14, TransUnion SmartMove. City of Denver. Minnesota State Legislature. Massachusetts Legal Aid Websites Project.
State of California, Department of Consumer Affairs. New York State Attorney General. Florida Department of Agriculture and Consumer Services. If you lease your apartment to someone with mental disabilities, for example, the lease is void. Leases are also void if they are against public policy. For example, a lease of commercial space to someone on the condition that they refuse to serve people of a certain religion or an ethnic minority is void.
Other leases are voidable. That usually means that one party can void them at his option. The party can make the contract void if he chooses to do so, but if he decides to go ahead with the lease, it is enforceable. A voidable contract is enforceable against the other party, however. A lease is voidable if one of the parties didn't know the true nature of all of the elements before he signed.
Any type of fraud is enough to allow the defrauded party to get out of the contract if he wants to. That party can reject the contract when he learns of the facts.
For example, if one party leases an apartment that is about to undergo extensive structural work in the near future and the owner doesn't disclose this, the lease may be voidable. Similarly, a lease signed under threats or duress is voidable. An extreme example is if you sign a contract because they have a weapon and threaten to harm you if you don't, the contract is voidable.
A lease can also be voidable when one of the parties entering into it is a minor. If a year-old leases a home, for example, she and her parents can choose to affirm the lease and occupy the house, or she can reject it and walk away.
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