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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 116754
Experience:  Attorney with over 24 years experience.
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I signed a year lease in July 2015, moved into the apartment

Customer Question

I signed a year lease in July 2015, moved into the apartment on 7/25/2015. I smelled gas and reported it to the landlord 7/28 and on 7/29 she had maintenance check the smell and a gas leak was detected. The gas has been shut off ever since. I have no stove to cook on (its a gas stove) and no hot water to shower. As of today, there has been no estimate on how much longer it will be off.
Can I leave and legally break my lease?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
The only answer I'm getting from the landlord is that they are at the mercy of the City inspector and have no estimated time. What are my options since I have now had to move in with my parents in another city?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
That would be a breach of lease and it also renders the premises not habitable. Your lease guarantees you a habitable premises and as such they have to either pay for you to stay somewhere else, put you in another apartment or reduce your rent for the time the premises is not habitable. If they are not doing any of that then you have grounds to terminate the lease based on their breach.
However, you need to give the landlord notice and make a demand on them first and if they do not act, THEN you can walk away and sue the landlord for damages for breach of the lease.

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