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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29114
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I moved into a rental house on 08/22/15 and I had nothing

Customer Question

I moved into a rental house on 08/22/15 and I had nothing but issues. I have called the landlord everyday to replace a non working stove and refrigerator and they have not responded. My question can I move without any problems with the landlord.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Does the lease include in its terms the major appliances? Are there other issues besides the appliances?

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
They do include kitchen appliances
My heat do not work as well as the plumbing are beginning to leak. The house is falling apart since I move in
Expert:  Loren replied 1 year ago.

Thank you for the additional information.

Expert:  Loren replied 1 year ago.

Every lease carries with it the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord's failure to maintain the premises is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

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