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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10214
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I rent a duplex in Wheat Ridge Colorado for $1200.00 per month.

Customer Question

I rent a duplex in Wheat Ridge Colorado for $1200.00 per month. I am 73 years old. I have allergies and respiratory issues for which I have prescriptions. The owner of the duplex lives in the adjoining unit. Both units have patios and back yards. Today she left me a note that the weeds that are multiplying around the patio and against the walls and under the windows will not be removed as she is attempting to cultivate butterflies. However, she does remove the weeds on her side of the property. I explained my health issued to her and she is insisting that the weeds/butterflies are more important, even if my health is endangered. I am not able to use the patio, open a window or go out in the backyard for which I pay. My lease expires at the end of June. I am getting sicker and having more frequent reactions which mean a trip to the emergency room due to the toxins the weeds produce. I would like to break my lease and move to a healthier environment as soon as possible and not loose my deposit as I am on a fixed income. Can I legally break the lease under these circumstances.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,I am very sorry to learn of this situation.Unfortunately this is not a basis to terminate your lease early. If you were to break your lease now, you would owe your landlord rent until (1) the end of your lease term in June, or (2) your landlord retains a new tenant (whichever occurs first). Your landlord must make reasonable efforts to obtain a new tenant.You can try to reach an agreement with the landlord to get an "early termination agreement" for the lease - but make sure that you get such an agreement in writing. (Also, do check your lease carefully, make sure that there is no "auto renewal" clause in the lease, many leases require the tenant to give the landlord notice that they are not renewing their lease at the end of the lease term - if your lease includes such a clause, you will want to ensure that you give your landlord proper written notice well before the end of your lease in June to ensure that you are not stuck dealing with another 12 month lease).

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