Can a landlord tell you to move out 2 months before lease is up because they have promised the apartment to another tenant?
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Can a landlord tell you to move out 2 months before lease is up because they have promised the apartment to another tenant?
Asked on December 5, 2012 under Real Estate Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No. A lease is a contract: it binds both parties (landlord and tenant) and neither party may change its terms without the consent, or agreement, of the other. You may not be made to leave until the expiration of your lease term unless you provide legal grounds for eviction, such as not paying your rent, and even then, only if the landlord files an eviction action in the courts. (Note: if your lease gives the landlord the right to terminate your tenancy early, such as on two months notice, that is legal--check your lease to see if there are any circumstances under which your tenancy may be terminated ahead of time.) If your landlord wants you out early, he has to get you to agree to move out, such as by offering you something (e.g. money) to make it worth your while.
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