Landlord-Tenant
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Answered in 9 minutes by:
8/18/2017
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 65,893
Experience: Attorney over 21 years, landlord 29 years
VerifiedHello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.
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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.
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Unless an item is a health or safety issue or a code violation, the tenant takes the property as the find it. The tenant is not entitled to a perfect dwelling, only one that is habitable.
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So 3, 6, 8, 9, 10 and maybe 15 and 16 need to be corrected... The rest of the stuff is not a priority and not a health or safety hazard so you can tell her tough, you will get to it..
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Based on your comments, the property is not uninhabitable.. it has some issues... but it wouldn't give the tenant the right to terminate the lease without being held liable. The fact that she went through the place with a magnifying glass and picked out every single thing she could doesn't rise to the level of giving her the power to terminate the lease.
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So you can tell her that if she vacated, that would be a breach and you would continue to hold her liable for any lost rent until you re-rent.
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If you have an early termination clause that gives the tenant the right to buy out of the lease, then if they pay whatever it costs, normally 2 month's rent, they would be permanently released from the lease and you would have to refund any deposit.
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So it depends on what your lease says when you are talking about an early termination clause..
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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
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thanks
Barrister
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 65,893
Experience: Attorney over 21 years, landlord 29 years
Verifiedbarristerinky and 87 other Landlord-Tenant Specialists are ready to help you
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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.
