Lana has a one-year lease for the apartment where she has lived for five months. When her oven, which is included in the rental agreement, no longer works properly, Lana contacts the owner and asks for repairs. The owner sent a repairman a few days later, although the repairer said that the oven simply needed to be replaced and that he would notify the owner. Several more days passed without a word from the owner, despite Lana`s attempts to contact him by phone and text. Amiteria told the trial that she had never taken out tenant insurance since she entered the premises fourteen years earlier, in 1998. The court of justice held that the non-guarantee of an insurance did not constitute a material breach and therefore could not lead to the end of the lease. Each rental agreement form should contain certain information, some of which is prescribed by law to be applicable. These laws vary from state to state. The minimum information that should be included on a lease form includes that if a lease has been breached by a tenant, the lessor must take certain steps necessary under state law to distribute the tenant. The first step is to inform the tenant in writing of how the tenant can, if any, remedy the infringement and how long he is allowed to do so before the start of the eviction proceedings. At the end of this period, if the lease has not been healed, the lessor may file judicial eviction proceedings with the District Court. If a tenant violates a rental agreement, the lessor can legally terminate the lease.
The most common breach of a rental agreement occurs when a tenant does not pay the rent on time, although failure to comply with other provisions of the rental agreement is also an offence. Many landlords are willing to solve a lot of problems when it comes to tenants not sticking to their rental agreements, as this is often less expensive than evacuating the tenant and getting a new tenant. Even when a lessor makes such allowances or tries to solve problems, he reserves the right to distribute the tenant who has violated the rental agreement. Since this is important to Lana`s ability to live comfortably at home and the landlord did not resolve the issue, or even contact Lana as soon as he found out he needed to be replaced, it was the landlord who violated this lease. Lana has the right to move into a new home and will likely be entitled to the return of her bail. 3. Assignment or subletting The tenant may assign or sublet the premises to another person with the agreement of the owner. . . . .