Complaint for Breach of Lease
Understanding this form
The Complaint for Breach of Lease is a legal document initiated by a plaintiff against a defendant who has failed to adhere to the terms of a lease agreement, particularly in not making required payments. This form serves to outline the details of the lease, the nature of the breach, and any damages suffered by the plaintiff, distinguishing it from generic rental agreements or notices of eviction.
Main sections of this form
- Identification of the plaintiff and defendant, including their contact details.
- Details of the lease agreement, including property description and terms.
- Specifics regarding the breach, including missed payments and damages.
- Claims for damages incurred due to the breach of lease.
- Signature lines for the attorney representing the plaintiff.
Jurisdiction-specific notes
This is a general template intended for use in various states. Laws and formatting rules differ, so confirm the document meets your state’s requirements before using it.
When to use this document
This form should be used when a landlord or property owner needs to initiate legal action against a tenant who has defaulted on a lease agreement, such as failing to make rental payments or causing damage to the property. It is appropriate for cases involving commercial properties, like shopping centers, where financial recovery and property restoration are sought.
Who needs this form
- Landlords or property owners leasing commercial real estate.
- Attorneys representing property owners in legal disputes.
- Property management companies dealing with tenant defaults.
How to prepare this document
- Identify the parties involved by providing their names and addresses.
- Clearly state the specifics of the lease agreement, including start and end dates, property details, and payment amounts.
- Describe the nature of the breach, including missed payments and damages caused.
- Specify the amount of money being claimed for damages and unpaid rent.
- Have the plaintiff or their attorney sign the document before submission to the court.
Does this form need to be notarized?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Common mistakes to avoid
- Failing to provide complete and accurate information about the lease and parties involved.
- Not attaching the copy of the lease agreement as evidence.
- Omitting relevant dates and dollar amounts when specifying damages.
Why use this form online
- Convenient access to legal forms that can be completed from home.
- Editable templates allow for easy customization to fit individual cases.
- Reliability and accuracy, as forms are drafted by licensed attorneys.
Quick recap
- The Complaint for Breach of Lease is essential for pursuing legal action against a defaulting tenant.
- Fill out the form accurately to ensure clarity and enforceability.
- Consider seeking legal advice to navigate any state-specific requirements or legal nuances.
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FAQ
Sue the landlord and whoever for up to $10,000 in small claims court for trespassing, breach of contract, invasion of privacy, and breach of quiet enjoyment; if you are two or more tenants, each can separately sue them for up to $10,000, and a joint action is not required.
If your landlord breaches the terms of the lease you can take legal action against them to court. This is because the lease is a contract between two parties (the leaseholder and the landlord) and any actions for breach can be enforced via the courts.
A breach of lease occurs when one of the party breaks one of the agreements in the lease document. A breach of lease does not mean that the tenant and landlord waive their respective rights. Tenants enjoy the rights of safety, privacy, binding terms, and in some cases the right to withhold rent.
If a tenant breaches a tenancy agreement it is possible that their landlord will try and evict them from the property. The sort of breaches of tenancy which result in a landlord seeking a court order for possession include:Damage to the property (eg broken windows)
Sue the landlord and whoever for up to $10,000 in small claims court for trespassing, breach of contract, invasion of privacy, and breach of quiet enjoyment; if you are two or more tenants, each can separately sue them for up to $10,000, and a joint action is not required.
Trespassing or harassment from your landlord or property manager is considered a legal reason to break your lease. Read more about these common ways to legally break a lease to see if any of the circumstances above are applicable to your situation.
Make sure this is the best option for you. Figure out if you can break your lease under California law. Re-read your lease agreement. Negotiate with your landlord. Move out and hope your landlord re-rents quickly. Make it official with paperwork.
If a tenant breaches a tenancy agreement it is possible that their landlord will try and evict them from the property. The sort of breaches of tenancy which result in a landlord seeking a court order for possession include:Damage to the property (eg broken windows)