Landlord-Tenant
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Answered in 6 minutes by:
5/20/2015
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 66,684
Experience: Attorney over 21 years, landlord 29 years
VerifiedHello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Did you actually sign a written lease for 12 months?
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What type of repairs were not completed?
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Did they affect the unit's habitability so it was uninhabitable?
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Did you notify them about any insects?
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thanks
Barrister
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Did you actually sign a written lease for 12 months?
.
What type of repairs were not completed?
.
Did they affect the unit's habitability so it was uninhabitable?
.
Did you notify them about any insects?
.
.
thanks
Barrister
Ok, if you are talking about drips from the faucets and other minor issues, that wouldn't rise to the level of making the property uninhabitable so as to justify you breaking the lease.
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Minor issues like lights not working or a dripping faucet don't make a property uninhabitable. It has to be something like the heat doesn't work in winter, or the sewer backs up, or the roof leaks and has allowed black mold to grow.
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If the property didn't have smoke detectors, that is a habitability issue because it puts you at risk if a fire breaks out. So that would be the only thing you mentioned that could affect the habitability of the dwelling.
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So if you break the lease without legal grounds to do so, then the landlord can sue you for the remaining lease payments if they are not able to re-rent the property to a new tenant.
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If they tried to sue you, you can claim you broke the lease because they wouldn't install smoke detectors and you feared for your safety.
.
.
thanks
Barrister
.
Minor issues like lights not working or a dripping faucet don't make a property uninhabitable. It has to be something like the heat doesn't work in winter, or the sewer backs up, or the roof leaks and has allowed black mold to grow.
.
If the property didn't have smoke detectors, that is a habitability issue because it puts you at risk if a fire breaks out. So that would be the only thing you mentioned that could affect the habitability of the dwelling.
.
So if you break the lease without legal grounds to do so, then the landlord can sue you for the remaining lease payments if they are not able to re-rent the property to a new tenant.
.
If they tried to sue you, you can claim you broke the lease because they wouldn't install smoke detectors and you feared for your safety.
.
.
thanks
Barrister
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 66,684
Experience: Attorney over 21 years, landlord 29 years
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
