If my landlord is negligent, can I terminate my lease?

Question

I have had issues with repairs for my apartment going on 5 months now, and still no repairs, They finally came and fixed the issue, but we constantly have to threaten legal action, is there a way for us to terminate our lease without having to pay termination fees?

Answer 1

No.

What a tenant calls a repair issue could be something relatively minor like a closet door off its track. You don't get to terminate a lease although you sound like pains in the a s s to the landlord so my guess is they won't be renewing your lease.

Answer 2

If repairs are needed you can always do them yourself by having a professional take care of the problem and take it out of the rent money presenting your landlord with a receipt for the repairs instead of the rent money. Also you can hold off payment of the rent by putting it in an escrow account, but you need to show that the money is available for the landlord should he meet your terms. As for getting out of a legal lease agreement, the best thing for you to do is to start documenting the issues that you have with your landlord and the communications that you have had with him in regard to those concerns. After you have compiled enough evidence, you may be able to use that as what is termed a constructive eviction. That would amount to you being in living conditions that were below standards and completely unacceptable. Keep in mind that this would have to be proved should your landlord want to contest you leaving before the lease was up. Good luck, I know how it can be having to deal with inconsiderate, greedy, noncomplying, idiot landlords and landlady's.

Answer 3

The answer lies in the terms of your lease agreement. You should have received a copy when you moved in. Regardless of the lease terms, there is also a legal term called the "implied warranty of habitability" which means that a landlord has to do things or make repairs in order to make the property live-able. That doesn't include luxury items though (e.g. if your icemaker is broken, etc.).
The short answer to your question is "it depends"--on what's broken, whether the fact that it's broken makes the property uninhabitable, and what the landlord-tenant laws of your state and your lease say about the situation. Might want to take a copy of your lease to a local lawyer (or legal-aid office if money is an issue). Good luck!

Answer 4

This is the deal, you and the landlord have a contract for a residential rental; that contract is at the whim of your state statue in regard to landlord tenant law, state stature places legal requirements on landlords and tenants. One such is landlord responsibly for condition of the unit , as such if the problems with the unit raise to a level, to make the place inhabitable then it is considered constructive eviction

In reality two things: 1st it will be your legal burden to document that the landlord failure to repair equals a constructive conviction, not easy 2nd you must place the rent legally due and owing during your protest into a separate account to demonstrate you where willing and able to pay but for the negligence of the landlord, which will be your legal burden

Answer 5

My understanding is that a lease is binding even if your landlord is a jerk. The only thing that you can do is to start putting your rent into some type of escrow account (and therefore not paying it to the landlord) until he completes the repairs he needs to do. I have no idea how that is done - I've never been faced with that issue.

Answer 6

Well, sunshine, it is you who seems to be the A S S. By issues with repairs, we mean that the sewer backed up into our basement, they have yet to clean that up, the roof leaks and the drywall is sagging and cracked. And the upstairs bedroom light fixture fills with water every time it rains. Now calling us an A S S just shows how maybe you need to rethink ur answer.

Answer 7

regrettably as quickly as you sign a hire you're legally certain by potential of comparable. examine your community and/or state codes and or regulations. merely undergo in recommendations the owner can take you to courtroom and attempt to make you pay the full term of the hire. in case you'bypass out" he/she would be able to nevertheless sue,get a judgement against you which will stay on your credit checklist for SEVEN years and would provide up you from renting someplace else in the event that they examine your credit !! The crime value probable does no longer get you out from under the hire. till proprietor/mgmnt have promised ONSITE protection and did no longer grant comparable !!

Answer 8

That's what lawyers are for.