I moved into a house one week ago in North Carolina. The house did not come with a refrigerator (which I did not realize until after I signed the lease), and they told me I would have to provide my own. The major problem with the house though is that the air conditioning is not working. I informed them that it was not working the day I moved in and realized this. They said they would fix it and have sent someone to repair it. They have said it will be done today, tomorrow, etc. Now they are telling me the compressor has been ordered and it should be fixed by Friday. I am five months pregnant and have a three year old child. It is absolutely miserable and extremelly hot. I have been in the house for one week now and Friday would make 10 days with no air. Does anyone know how I can break the lease?
2007-08-01 01:58:20 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Oh jesus you made me honestly want to cry. I myself just got married and moved into a HORRIBLE apartment with psychotic upstairs tennants that never sleep or let us sleep and roaches. I couldn't imagine going through this stress and being pregnant. Well in NJ, and I spoke to a very good attorney the only way out of a lease is a health clause which you may be able to get your doctor to write you a note regarding your health/pregnancy due to the heat issue. See if you can search the house for any other possible problems i.e. mold and speak to a lawyer right away. I'm leaving the hell hole I'm in whether or I get sued or not. It's your life, your family's life and your baby's life; living miserable everyday is not worth any amount of money. Good luck, I never say this, but you really will be in my thoughts. Give em hell.
2007-08-01 05:37:47 · answer #1 · answered by Jersey Style 5 · 0⤊ 0⤋
It will depend on the verbage of your lease. It sounds like they are doing everything they can to fix the problem with the air, so claiming that as an excuse will most likely not work. As for the fridge, unfortunately, there isn't a jurisdiction in this country that requires a landlord to provide a refrigerator, so you'll just have to buy one yourself.
I'm sorry it's hot, and the pregnancy is making the heat more unbearable for you (by the way, congrats and good luck with that bundle). Unfortunately, it doesn't sound like you have a case for breaking your lease - even considering you've only been there one week.
2 years ago, when my wife was pregnant, we had to break our lease because there was a huge mold problem they refused to fix (leak from the upstairs apt., so not our fault). It took almost 3 months to finally go through all the legal channels to get out of our lease. Our A/C was also broken more often than it worked, but they kept trying to fix that (there is a law in Virginia that says A/C and Heat are required to be provided by a landlord). They finally put a new unit in about 2 weeks before we moved out.
2007-08-01 02:13:04 · answer #2 · answered by capitalctu 5 · 1⤊ 1⤋
First of all go through your lease agreement and find out the clause of coming out of it. There is always a clause to break the lease agreement from either side. If it is not then write a letter narrating all the facts and if the lessor does not do the thing or make the things right you state in the letter that you will get it done and the same shall be deducted from the lease rent payable and you will charge interest at bank lending rate. This letter must be sent through Post or courier so that you can have at least on evidence of giving intimation to the lessor. Is your lease rent of the house is with furniture, fixtures and fittings ? If it is so you can break the lease rent in two portions i.e 1) Rent for House and 2) Rent for fixtures etc. You may not pay any rent for fixtures etc. since it is not working. If the lessor does not go for specific performance you can send a legal notice. On receipt of legal notice the lessor himself will ask you to vacate the premises and you will be free but do not forget to claim compensation. O. K.
2007-08-01 02:13:54 · answer #3 · answered by ssunderagarwal 4 · 2⤊ 0⤋
You can't break the lease, as long as the landlord is attempting to make the needed repairs. I hope you don't expect him to have a spare compressor for the A/C just sitting around, waiting for another to break down.
There are times when you just have to tough it out. If you owned your own home and the AC broke and a compressor had to be ordered, what would YOU do ? Move out of the house and go to a hotel ?
Reality (above) is NOT correct. Simply informing them that you will break the lease won't cut it. You have to show that the landlord breached his contract. If he's ordered the AC repairs, he has not breached his contract.
2007-08-01 03:46:51 · answer #4 · answered by acermill 7 · 0⤊ 1⤋
it extremely is oftentimes "breach of settlement" damages. meaning the owner might sue you for the expenses they're quite out as a results of your breach of lease. on the flipside, the regulations of maximum states require the owner to make a good faith attempt to miinimize losses brought about via a breach of lease. meaning the owner ought to make the attempt to locate a sparkling tenant if a tenant breaks a lease. So, on the intense factor, you will possibly be able to desire to probably be in charge for the whole lease for something of the lease. on the low factor, you will possibly be able to desire to conceivably be to blame for 0, if the owner can detect a sparkling lease-paying tenant on the instant and hence does not lose any lease.
2016-10-01 04:23:03 · answer #5 · answered by gonzalescordova 4 · 0⤊ 0⤋
You should send them a certified letter, telling them about all the problem in a house, and if this not be fix by Friday, you will move out. If they will take you to court, with this letter you will win. Sorry and Good Luck!
2007-08-01 02:15:57 · answer #6 · answered by reality 6 · 1⤊ 0⤋
YOu need to control your hormones lady! Your lucky you have a landlord that's willing to fix the a.c. If it's really that unbearable, i'm sure it is since you're pregnant, ask him to get you a window unit until it's fixed and return it to him when it is. You can't fix central air in one day!!! Ask for a temporary fix and stop acting like a spoiled brat!
2007-08-01 02:34:37 · answer #7 · answered by assunta81 2 · 0⤊ 1⤋
ur being over dramatic, when u move to a new house be prepared for these things! there needs to be fixed made to improve the condition of living. it seems like they are doing everythign to helpo you and you need to be patient! I know most places that rent housea re not required to provide A/C so i think they are being considerate in providing u with it. be patient. give them 5 days to make the repair and if not then buy your own A/C most places arent required to provde you with one.
2007-08-01 02:14:39 · answer #8 · answered by spadezgurl22 6 · 1⤊ 1⤋