Renting a home seems straightforward enough on paper. You pay rent and enjoy your space. But sometimes, without even realizing it, you might break a lease rule that could get you in trouble or, worse, evicted. So, what is a lease violation, and how can you avoid making one? In this guide, we’ll break down what the most common ones are, what the consequences involve, and how you can stay on the safe side when it comes to them. Let’s break it down below.
What Is a Lease Violation?
A lease violation occurs when a tenant doesn’t follow the lease terms they agreed to. On the milder end, it could be something like making excessive noise, and on the more severe end, it could look more like missing rent payments or damaging the property. Either way, committing a lease violation can lead to tenants getting a warning, being fined, or even facing an eviction.
That’s why landlords and tenants alike need to be crystal clear on what their lease terms are from day one. They need to know exactly what their roles and responsibilities will involve so no one has any confusion or misunderstandings. Luckily, our property managers in Philadelphia can help make sure everyone understands this fundamental component of the rental experience.
Common Types of Lease Violations
As we mentioned earlier, the answer to “what is a lease violation” has many answers, because there are many things that count as one. Some are relatively minor, and others are serious enough to get tenants evicted. Let’s look at some common lease violations they may encounter:
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Not Paying the Rent
Out of all the lease violations out there, failing to pay the rent is by far one of the most serious ones you could make. After all, the entire lease contract is built on the pact that the landlord will give you access to a property in exchange for your money. If you doesn’t pay on time, you’re violating your part of the agreement on the most basic level. Moreover, when you don’t pay on time, you put their landlord at risk of being unable to afford maintenance, pay bills, and handle other key expenses.
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Unauthorized Pets
It might be tempting to sneak Fido in under the radar, but don’t act so fast. Many leases have clauses that require you to get your landlord’s go-ahead before bringing a pet home. So, you don’t get your landlord’s written permission first, you’re likely violating your lease terms.
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Property Damage
Any damage you make that goes beyond normal wear and tear can be considered a violation of your lease terms.
Essentially, normal wear and tear is any minor, insignificant change the tenant may naturally make as they use the property over time. For example, if you make a teeny, little scratch on the floor, that’s not a big deal. However, if you make a deep, scarring scratch that ruin’s the floor’s look altogether, that goes beyond the pale. That could be construed as property damage. So, although accidents happen, you should address them promptly to the landlord or property manager to avoid further complications.
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Illegal Activities
It may sound incredibly obvious, but it needs to be said: if you engage in illegal activities, that is a big-time lease violation. Worst of all, it may not stop at you being evicted. It could end with you in jail. So, don’t pull a “Breaking Bad” right in your own home. You will definitely regret it.
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Subletting Without Permission
If you sublet your rental without your landlord’s prior written consent, that’s typically a clear, cut-and-dry lease violation. Although subletting might seem like a good solution for helping you make ends meet, it’s important to check with your landlord first. If you skip this step, you’re bringing in an unauthorized tenant to your landlord’s property. You (and your landlord) don’t know how they could possibly treat the property or neighbors. As such, you could end up facing eviction.
What Can Happen When You Violate Your Lease
As we have said, violations come with consequences —some of which can have long-term effects on your rental history. Let’s check out the main ones to see what you’re up against if you violate the lease:
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Eviction
One of the most direct, severe consequences of violating a lease is being evicted. You could be evicted after you repeatedly miss rent payments, cause significant damage to the property, or break other major terms. If the landlord files for eviction, you could be forced to leave the rental property before the end of your lease. And it doesn’t stop there: your eviction could leave a glaring mark on your rental history, making future landlords wary. Needless to say, you want to avoid this outcome if at all possible.
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Fines and Penalties
Some lease agreements include clauses that allow landlords to impose fines for certain violations. For example, this might include unauthorized pets, noise complaints, or failing to keep the property in good condition. One fee might sound deceptively small, but they can add up fast and give you inordinate financial strain.
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Damage to Your Credit Score
Believe it or not, evictions or unpaid rent can show up on your credit report. In turn, this can have a ripple effect on your financial standing across the board. It’s won’t just be harder to apply for a rental, but for a loan, a credit card, and so many other things.
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Loss of Security Deposit
Most lease contracts require a security deposit to cover potential damage or unpaid rent. If you violate the lease, your landlord may use your deposit to cover any costs you incur. Then, you’ll be left without that extra financial safety net when you move out.
How to Prevent Lease Violations
The widespread implications of lease violations can seem overwhelming. Luckily, you can avoid many violations by simply staying aware and mindful of what you need to do and not do. Here’s how:
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Understand Your Lease Agreement
No matter how gung-ho you are about getting everything set up and moving in, stop for a few minutes and read the lease agreement. Keep a close eye on the lease’s policies on what bills you have to pay for, maintenance responsibilities, pet rules, guest policies, and other staples. Comb through each line carefully. Then, if any point seems unclear, don’t suffer in silence. Always ask your landlord or property manager for clarification.
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Pay Rent on Time
Late or missed rent payments are one of the absolute most common lease violations out there. So, always make every effort to get your payment in on time. If you’re facing financial difficulties, tell your landlord well in advance of the deadline. This shows that you’re considering how this issue will impact your landlord and mentally preparing them for it. In turn, the landlord may respond with grace and give you an extension.
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Follow Property Rules
When you lease a property, there are always terms you must follow to maintain the property, keep the peace, and keep everyone safe and sound. Some of the most common ones are noise and parking restrictions, limits on property modifications, changing the air conditioner filters every few months, and so on, so forth. Breaking these terms can give you bad blood with your landlord and neighbors, at best, and cause you to get fined, sued, and/or evicted, at worst. Needless to say, you’ll want to follow these rules to the letter.
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Get Written Permission from Your Landlord
If you ever need to make changes—like subletting, getting a pet, or making modifications—always get written permission first. Trying to sneak these things in almost always backfires. No matter how hard you try, the cat is likely going to get out of the bag at some point. So, avoid the stress by just being upfront with your landlord from the start.
Enhance Your Rental Experience with Professional Property Managers
To answer, “what is a lease violation,” it’s going against any rules your lease lays out, from damaging the property to not paying the rent to subletting without permission. By simply going through your lease, asking your landlord questions, and staying careful and communicative, you can avoid many headaches.
However, communication is a two-way street, and you can’t do it alone. That’s why our professionals at Bay Property Management Group are here 24/7 to handle lease questions, emergency repairs, maintenance, and other general concerns you might have. If you’re looking for a home with responsive, customer-first service, look at our listings today!
