Family Law Questions? Ask a Family Lawyer Online.
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A tenant may not typically cancel a lease contract at the tenant's whim. Instead, when a tenant signs a lease, the tenant has agreed to the duration of the lease. Of course, if the landlord has breached the lease or failed to keep the rental unit in a habitable condition, a tenant may have a basis to cancel the lease.While landlords may occasionally enter a property without permission when necessary to prevent serious property damage, a landlord who enters the property otherwise may expose himself to liability. Absent a court order to remove a tenant from a property, the property is sadly the tenant's home and a tenant has a right to exclude a landlord from the property until a court order to the contrary exists. Further, if a landlord shuts off utilities, a landlord may expose himself to liability. That can constitute a constructive eviction.The appropriate remedy to remove a tenant is to proceed through the court system. In this way, the landlord can seek his appropriate remedies while avoiding unnecessary exposure to liability. You'll want to retain an attorney to assist you with evaluating whether the tenants have a legal basis to cancel the lease and to assist you with collecting the sum you are due, if any. Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.Sincerely,T-USA _____________________________________Disclaimer: By engaging in this correspondence, you agree to and understand the following:No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).