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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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If my landlord does not do s part of the lease does that

Customer Question

If my landlord does not do his part of the lease does that give me right to break my part and move?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

In general, no it does not. If the landlord fails to perform under the lease your remedy is going to be suing them in small claims court to enforce the contract (the lease) and for money damages to compensate you for any diminished value of the property due to their non-compliance.

There are some circumstances in which a breach by the landlord would entitle you to terminate the lease, but these are rare and generally involve "habitability" claims (failure to provide hot water, running water, heat, holes in the roof, walls, windows, or doors, or infestation). You can find a guide to state habitability laws here: http://landlord.com/state-habitability-statutes-by-state.htm

Customer: replied 1 year ago.

Ok, then would I be able to deduct my costs for the things he is not doing from the rent and if he takes me to court then I show the judge?

Expert:  CalAttorney2 replied 1 year ago.

Again, in general, no. (Check the above link for "habitability" claims - certain states do permit you to use "rent withholding" as a procedure to enforce habitability claims, but not all 50). But if you have a general issue (for example, the landlord fails to fix a cabinet or something similar) the remedy is to sue in small claims - if you were to withhold rent and it is not permitted by statute, or your state does not provide for rent withholding, you can face an eviction for failure to pay rent.

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