Real Estate Law
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Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Have you discussed this with the landlord? If yes, how did he or she respond?
Thank you for the additional information.
You can always terminate a month to month tenancy with 30 days' notice.
Every lease carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent. If your wife has health issues then the landlord may not use the treatment to which she is sensitive as it affects the habitability.
If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.
A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.
You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.
Make sure you have a written record of the damages and your request for repairs.
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