landlord doesn't fulfill his part of the lease...?

Question

When I moved into my townhouse in August, I noticed the upstairs window was broken...big time. It was double paned, but was broken on the outside pain from one corner to the other. I asked that it be written into the lease that the window be fixed by September 30, 2007. He agreed, and added it into the lease. It is now December 10 and still not fixed. If I wanted to move, would I be able to do so without him accusing me of breaking the lease? He obviously has not upheld his end, am I still responsible for fulfilling the terms of the lease by continuing to live there?

Answer 1

Send him a registered letter stating that your agreement with him states that window needed to be fixed by a set date, that date has passed and winter is here. Let him know if the window is not fixed ASAP you will be giving him notice since he has broken your agreement.

Since I don't know what state you are in, call the housing authority in your town and verify this is how they do it there first. But what I have said is standard.

Answer 2

You need to see if your state allows for repair and deduct as an option. In this case, you give the landlord written notice and if the problem is not repaired within a specific amount of time, you pay for the repair and deduct it from the rent.

If repair and deduct is allowed, follow the law exactly as written.

If repair and deduct is not an option, give the landlord written notice allowing a specfic amount of time for the window to be fixed. If it does not get fixed, file a complaint with the housing inspector.

Answer 3

I've recently experienced problems with my landlord too. Although i don't know where you are from (I'm in Australia so if you're not this mightn't apply exactly), i went online to the following website: http://www.accc.gov.au/content/index.phtml/itemId/287539/fromItemId/341804
(you can also search for 'residential tenancies tribunal sa')

it's got great advise, forms you can use and outlines your landlords obligations. Even if you aren't in Aus, i'm still sure that similar advisory organisations exist so try ringing your local council and asking them how you might contact someone for advise or try an internet search using key words like 'rental disputes' 'tenancy disputes' etc and include your state/country.

Be aware that you can't terminate the lease without giving your landlord notice of your concerns and outlining a period of time in which you expect the problem to be fixed.

Hope that helps!