Do I need a real estate attorney? What is a pretermination notice and why did we receive them? What is a breach of enjoyment?

Asked over 1 year ago - Plainville, CT

Was served today with pretermination papers giving us 15 days to vacate the apartment, or eviction proceedings will take place immediately. There were two violations cited. The first violation said that we have failed to vacate after verbally saying we wanted to terminate our lease. However, we had only mentioned to her over the phone that we were thinking about it. The second states that we have committed a breach of enjoyment after she called the police to the building for a bogus harassment charge. I have on good terms with the police that there was no problem, and no citation was issued. Also, our lease states that anything having to do with terminating our lease etc. etc. must be done so in writing. I also am not clear on what a breach of enjoyment actually is.

Attorney answers (2)

  1. Karen Stolp Poirier

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . Your landlord is essentially asking you to leave on your own without him or her having to initiate the standard eviction proceedings. Breach of quite enjoyment, as its known, basically means that you have done something that makes it difficult for others to live near you. (Its slightly more complicated, but that is a simple way of putting it.) Usually this can be domestic violence, loud music, selling of drugs, frequent police visits, etc. Your lease likely provides that the landlord can terminate the lease for this reason. It sounds like you should visit a a landlord/tenant attorney and bring your lease and any other documentation you have. If you would like to set a free consultation with my office, please feel free to call or visit: www.holmespoirier.com.

  2. Philip M. Block

    Contributor Level 15

    Answered . The prior answer is correct, but beyond that, if you are current with your rent, you would not leave until 15 days of the following month, if you wanted to get out of the lease. Beyond that the harassment claim first requires a demand for you to correct that behavior, before calling it a breach of the lease.

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