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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35003
Experience:  16 yrs. of trial experience
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WE were told apartment was ready went to start moving in AC

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WE were told apartment was ready went to start moving in AC didn't; work 90 degrees in apartment refrigerator was not replaced still old one which was all molded inside window will no9t shut Can we back out of lease They said would bring window units never showed
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Kentucky
JA: Has anything been filed or reported?
Customer: We have called the emergency line and talked to someone they said they would send someone but they have now showed up I have 3 children in this apt with me
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can we back out of the lease we were told the apartment was ready We have been waiting for 2 weeks and they said it was ready We did not go check before we signed the lease we believed them

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I want to make sure I understand...you signed a lease, and they promised it would be ready by now, and it still is not? SO you have not move in?

Customer: replied 4 months ago.
We were going to and still waiting for the a.c. units no one is answering emergency Line

Thanks
You can break the lease. If they promised the unit, and did not deliver it as promised? You can give them notice, in writing, that you are breaking the lease based on their failure to perform as promised (based on their failure to deliver the unit on time)

You can go and find another place to live

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 4 months ago.
No but we have the Keys to the apartment and signed the lease before going back down there and checking it out

Ahh...so you paid as well? They gave you possession but the AC is broken, is that correct?

Customer: replied 4 months ago.
the Windows will not stay open

Thanks
That makes it a bit more complex. I have some thoughts and will type them up...a few mins please

So you do have a few options...the landlord is in breach of the lease...but before you can break it (since you have taken possession) you must first provide the landlord notice, in writing, of the defect and give them a reasonable amount of time to fix. Under KY law, this is 14 days.

If the landlord does not fix within 14 days? You can use that as a basis to void the lease (so you can move out and demand they return the lease payment) OR you can use the "repair and deduct" option, where you pay to have the unit repaired and deduct from next months rent. But before you do either of these, you MUST give the landlord notice in writing and 14 days to correct the problem

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 4 months ago.
Thank you that has helped

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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