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Using Trulia in Montana : Real Estate Advice

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Mon May 3, 2010
Don Tepper answered:
It really depends on your lease.

A lot of leases (most, in fact) have one or more sections dealing with appropriate and inappropriate behavior. For example (and this is just an example; you have to check your own lease), the "standard" lease (the ones Realtors use) has this provision: "This Lease may be terminated at the option of the Landlord in case of any nuisance, excessive noise, disturbance or conduct offensive to any other occupant of the building or neighborhood." Also: "The Landlord shall have the right to terminate this Lease upon receipt of a preponderance of evidence that indicates an immediate threat that materially affects the health or safety of either the Landlord or other tenants."

So, if you were in Virginia (this isn't legal advice), and I were your landlord, I could terminate your lease. The argument certainly was a "disturbance . . . offensive to any other occupant of the building" and I'd say that having the police called would result in a "preponderance of evidence that indicates an immediate threat that materially affects the health or safety of . . .other tenants."

Again, this isn't legal advice and I don't know what's contained in your lease. However, my point is that the landlord may in fact have solid grounds to terminate your lease.

The answer lies in the terms of your lease. If in doubt, please consult an attorney.
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