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I renewed my lease September. About the end of October, my…

Customer Question
I renewed my lease...

I renewed my lease September. About the end of October, my furnace/heat stops working.....it takes them almost 2 weeks to come out and repair. The repair works for 1 day so they say they will come back out. They never do. By this time it has been over a month. I contact my property management team to let them that I would like to break my lease because my family can no longer live in an unheated house during November/December in the Midwest along with a myriad of other issues that have taken place. So then they decide to get proactive an send an HVAC guy out and the PM wants to come to my home so that we can "walk through all my issues" the same the day. By the time the PM comes out to my house the furnace is again not working and my house is still at about 50 degrees. So then the PM offers to bring me two space heaters to help while they are trying to get the issue fixed. That was now a week ago and I have not heard from anyone. Can I break my lease and move?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Missour Missouri

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I am to maintain upkeep or the yard like mowing. But not maintenance repairs always has been on them.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
12/13/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,319
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you so much for your patience. This appears to be a violation of the implied warranty (promise) of habitability because they have not fixed something that is essential to your living: your heating. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase. If this doesn't work, of course you can move out and defend against any claims they may have that you breached the agreement.

What other questions did you have for me today?

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