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Good evening Maxine. You have two courses of recourse. One, with each rental come an implied warranty of habitability, which includes the peaceful, quiet and safe enjoyment of your premises. Given your facts, which you should carefully document in a notebook so you don't have to rely totally on memory should your allegations later be disputed, the landlord has violated this implied warranty of habitability...this results in the landlord being in default and gives you a right to terminate without further obligations. You should send the landlord notice that you are terminating due to the breach of this implied warranty. Two, even if your claim is challenged and you should lose, as soon as you give your landlord notice that you are terminating, the landlord has a duty to mitigate...meaning the landlord must use reasonable efforts to re-let the property. Once re-let, or if the landlord does not use reasonable efforts to re-let, you have no further financial obligations to the landlord.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
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You're welcome. The waiver of jury trial doesn't really hurt you...a judge is going to apply the law which is in your favor. Yes, you can pay this month and then move out in Nov.....I think if the landlord fights this, given your facts, that you will prevail. Also, the implied warranty of habitability will not be in your lease...it is an imputed warranty with every lease...it need not be stated. :) Thanks to your husband for keeping us all safe and you take care!
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