Legal Question in Real Estate Law in Kansas

How do I get out of my lease without penalties if my landlord is in breach of contract?


Asked on 6/25/12, 9:43 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The question is: "Will a court make me pay rent if I leave?" If your defense to a future case by the landlord, is the landlord's breach, then there seem to be several criteria the court looks at. 1) How serious was the breach? Did the pool or laundryroom close 10 minutes early? or Did the living area fall into disrepair, due to lack of maintenence?

2) How was the landlord made aware of the percieved breach, were they givien an opportunity to get in compliance?

3) What was the status of the lease at the time of vacation or last payment.

4) What does the written lease agreement say about early termination? If the agreement states a process for early termination, courts will often assume that waswhat theparties want to have happen. This may be a good resource for seeing how you can end the leasehold early. Does your lease state a process and fee for early termination? It might be cheaper to use that, than argue a breach by the landlord.

If this has not answsered your question, I suggest you consult directly with a landlord/tenant attorney in yoiur area. Many offer a free or low cost initial consultation. Take your lease agreement with you and ask them what your options are.

Good luck

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Answered on 6/30/12, 8:30 am


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