What are my options if a management company refuses to cooperate after a lease break?

Full question:

If a management company refuses to cooperate with you when a tenant breaks the lease after eight months from the original term of two years, and refuses to pay the penalty, what options do I have?

Answer:

If a contract is broken, you can pursue legal action for breach of contract. A breach occurs when one party fails to fulfill their obligations as outlined in the agreement, causing harm to the other party. Legal remedies aim to restore the injured party to the position they would have been in had the breach not occurred. Common remedies include:

  • Money damages: Compensation for financial losses due to the breach.
  • Restitution: Restores the injured party to their prior position before the contract.
  • Rescission: Cancels the contract and relieves both parties of their obligations.
  • Reformation: Modifies the contract to correct inequities.
  • Specific performance: Requires the breaching party to fulfill their contractual duties when monetary damages are insufficient.

Additionally, if there was reliance on a promise that led to detriment, you might invoke the principle of promissory estoppel. This applies when a party reasonably relied on a promise, resulting in harm, and enforcing the promise is necessary to prevent injustice.

Consulting with a legal professional can help you determine the best course of action based on your specific circumstances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The most common action landlords take against tenants who breach a lease is to initiate eviction proceedings. This is often done when tenants fail to pay rent or violate lease terms. Landlords may also seek to recover unpaid rent or damages through small claims court. It's important for landlords to follow legal procedures and provide proper notices before taking action.