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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6855
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I currently live in a duplex in Independence, MO under a

Customer Question

I currently live in a duplex in Independence, MO under a yearly lease with an automatic renewal clause. The lease ends on 4/30, but I have to give 60 day notice. I want to move because of a recent spate of maintenance issues and having my door left unlocked by her real estate agent. I went a week without hot water after she tried to have me trouble shoot the water heater with a call center. I don't know what to do.
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Is there anything else important you think the Real Estate Lawyer should know?
Customer: I had to replace toilet valve before the water heater issue. Then we had a shower leak. She did fix these things, but I just want to leave.
JA: Our top Real Estate Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Real Estate Lawyer in on everything we've discussed. You can go back and forth with the Real Estate Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 8 months ago.
Category: Real Estate Law
Customer: replied 8 months ago.
Also the initial lease would have ended 4/30/15
Expert:  Irwin Law replied 8 months ago.

Ideally, you would have given her the 60 days notice that the calls for. There is a possibility that you have agreed to another one year lease; however, that provision might just require a 60 days notice at any time during the lease. I haven't read the clause so that is not certain. If you can prove that the maintenance issues made the property uninhabitable, that would be grounds for you to cancel the lease at any time. But that is not easy to prove in court and often requires an expert testimony if the repair issues are marginal. I can't give you any guarantee that if you choose to move out on April 30 that the landlord can't sue you for breach of the lease. But the landlord will have to try to re-rent the property in order to mitigate any damages she may have sustained. I hope that this answer is helpful and that you will give it a positive rating at this time.

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