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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33708
Experience:  Attorney for over 15 years, landlord 26 years
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I need to break my lease, my apartment is unlivable with

Customer Question

I need to break my lease, my apartment is unlivable with noise and safety being the largest concerns. the leasing office told me it would be 3 months rent $6000. is there anything I can do? it is truly unbearable and I have now made 3 complaints with only rude or no resonse
JA: Because laws vary from place to place, can you tell me what state the property is in? Well, we require $5 .
Customer: MA
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I will be receiving a medical note from a physician regarding the medical issues this place is causing and I also have a police report from an attack that happened across the street
Submitted: 16 days ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 16 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Are there severe problems with your actual apartment itself, like electrical, plumbing, mold, etc.?

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Or are all the issues related to the area itself and surrounding neighborhood?

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thanks

Barrister

Customer: replied 16 days ago.
there is mold growing in the shower that I have to scrub almost daily, the water from the bathroom faucet smells like it came straight out of a sewer and the washer makes horrible noises when running, otherwise no. My walls are so thin I can here everything my neighbor is doing and saying as well. there is also very minimal lighting throughout the property making it unsafe to walk at dark - tripped on uneven walkway because I couldn't even see where I was stepping
Expert:  barristerinky replied 16 days ago.

Ok, to be very honest with you, the things you mention about the interior of the dwelling would not be considered Code violations or make the property uninhabitable from a legal perspective. Irritating yes...but uninhabitable no. If the heat didn't work, or the sewer backed up, or the electricity didn't work, or there was extensive black mold throughout the dwelling, that makes it uninhabitable.

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In a landlord tenant relationship, the landlord has to provide a dwelling that meets all minimum Code and safety ordinances, but that is about it. They have no control over the neighborhood or the illegal conduct of any neighbors. It is up to the tenant to investigate the area to determine if it is a place they want to live in..

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As for lighting, that would potentially be a liability to the landlord if you were injured due to the negligence of the landlord in providing adequate lighting..

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With all that said, if you were to just breach the lease and move out, the landlord has a legal duty to mitigate his damages and attempt to re-rent the property as soon as possible. He can then only hold you liable for his actual losses. So if it takes him a month to re-rent, that is all he can hold you liable for.

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So if you were to decide you had to break the lease, make sure to leave it as clean as possible so the landlord can immediately put it back on the market and hopefully rent it very quickly to minimize any potential liability for you.

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thanks

Barrister

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