Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I was affected by hurricane Irma. We have not had electric

for 16 days. The apartment...
I was affected by hurricane Irma. We have not had electric for 16 days. The apartment complex where I live has 27 building of which 3-4 are without power. A few are using generators, but the rest of us have absolutely no power. They have another property a few miles away that has open vacancies and also on property they have open vacancies that all have power. I'm wondering if having no power for this long is a violation of lease if they are not doing anything to help the situation? I understand it's not their fault since the power loss is due a damaged power line underground due to a natural disaster, but it also not our fault as tenents either. It's is causing most Genentech of this building to seek residence else where until this is fixed. I asked for a break in rent or financial compensation, but they said they are not providing that. They said we would need to contact FEMA. I have applied. I put in application 14 days ago. But, haven't heard back yet. Is there is anything we can do to get out of the lease and find a home with electric?
Show More
Show Less
Ask Your Own Legal Question
Answered in 16 minutes by:
9/23/2017
Bill Attorney
Category: Legal
Satisfied Customers: 1,412
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord tenant question today.

In the US landlords do have an obligation to keep a property in a tenable and habitable condition.

Because you've been without power for 2-3 weeks you be entitled to withhold an amount of rent corresponding to the detriment that you have suffered from having no electric the past weeks.

The matter is made more complicated as it was caused by the hurricane , known as a force majeure in legal terms. This may in some circumstances excuse the landlord from his failure to keep your accommodation in a habitable condition. That said he does need do get a hold on the situation as it has been 16 days.

If you are looking to terminate the lease you need to send the landlord a written statement and demand outlining his failure to provide basic utilities , your intention to withhold rent and terminate the lease for his failure to meet his landlord obligations.

Your lease may have provided for a circumstance ;such as this, known as a force majeure , if you went to send through a copy for an extra review service just let me know.

We are here to help.

So please follow up with me as required.

In return click the rate expert now icon; leaving a positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today before your exit.

Thank You

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 1,412
Experience: Attorney
Verified
Bill Attorney and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
I have attachted the lease so you may review it. After reviewing your response, I'm understand that if we write a letter with intent to hold rent and explain their violation, then we would released from the lease as long there is not anything in the lease preventing us to do so?

That's correct the landlord's failure to comply with the statute should you give you a right to terminate.

I will need to review your lease and make an offer available now.

Your written notice of termination should comply with the following statute:

"3.56 Termination of rental agreement.—

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s.83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:

(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.

(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:

(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be in substantially the following form:"

Please accept my offer to proceed.

Thanks

Attorney Bill

Ask Your Own Legal Question
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 1,412
1,412 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
If we break lease early in contract with an exit clause in
if we break lease early in contract with an exit clause in maryland, can the landlord require rent in excess of the penalty and notice requirement in the contract? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
Me and a roommate were on a lease, he was a violent felon
Me and a roommate were on a lease, he was a violent felon and I was trying to help him on his last chance at freedom. We were both on the lease, he was sent to jail. Once he was out of jail, in fear f… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
If a parent die and the sibling is not on the lease but
if a parent die and the sibling is not on the lease but apply for the unit and denied what do we do to get them to move the items out of the unit … read more
Damien Bosco
Damien Bosco
2,990 satisfied customers
I recently signed a lease to rent an apartment with a move
Hi, I recently signed a lease to rent an apartment with a move in of Nov 1. I have not yet moved in as I was waiting until next weekend. I provided first & last months rent as security deposit. I was … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
What is the difference between a "true lease" and "financial
What is the difference between a "true lease" and "financial lease" as defined in Louisiana Landlord-Tenant law?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
I have a TAA lease that appears to be fully signed and
I have a TAA lease that appears to be fully signed and executed (it has a stamp saying "this document was executed via the TAA E-signature System" and includes an ID #), but the landlord says they mad… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
I lease a property for 2 years now my new lease end in 1/18,
I lease a property for 2 years now my new lease end in 1/18, I was receiving documents under a person that was not me from a lawyer. I ask my friend to look it up n I had an eviction from the bank. Wh… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,606 satisfied customers
Are automatic lease renewals legal in the state of
Are automatic lease renewals legal in the state of Wisconsin. I signed a 1 year lease 5 years ago. I now want to move out of my apartment and the landlord says I am on a lease until March. I never agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I have a lease issue. Pennsylvania. I submitted a lease
I submitted a lease agreement as a tenant, signed it. Had not received landlord signature copy for final sign off to indicate receipt of duplicate copy. Also, had not made a security deposit. Signed it during the evening, but decided to not rent the property. Sent a reply email the very next morning (@7 hours later) to communicate decision to not proceed. Do I still owe a deposit? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,606 satisfied customers
I had leased a car for my daughter, she is not on the lease.
I had leased a car for my daughter, she is not on the lease. When she turned it in there was $5000 in damage. I am 69 yrs old and confined to a power chair, home bound. I only have social security to … read more
Andrew
Andrew
Attorney
Juris Doctorate
178 satisfied customers
I have a car lease that I got in... I have a car lease that
I have a car lease that I got in... I have a car lease that I got in September 2016 during a marriage that is now ending up in divorce. I got it because my spouse said he would be able to afford it fo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
Was convinced to sign a lease by roommates with false
Was convinced to sign a lease by roommates with false pretenses and now that truth was brought to light tried to get off lease before we took possession of house but lease holder said I couldn't witho… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
This is a question concerning breaking the lease of a
This is a question concerning breaking the lease of a commercial building in which I am the rentor. So, if there is someone available who has expertise in that area that would be who I need. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I leased a BMW on 7/31/17, and the information on lease
I leased a BMW on 7/31/17, and the information on lease document is wrong, the dealership did not send me my copy of lease document until 5 weeks (after multiple calls). They are not providing me with… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,606 satisfied customers
We lease commercial office space in WA state. Our lease term
Hello, we lease commercial office space in WA state. Our lease term expires aug 2018 and we have 1 5yr option. The landlord just told us he is selling the building...what is the effect of the sale on … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
RE: Breaking a lease. We are in a year lease and have been
RE: Breaking a lease. We are in a year lease and have been there for 3 months. We would like to move out.(No fault of the owner) There is no early termination clause in the lease. What penalties and/o… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Need info on breaking a lease in fl, I am currently leasing
I am currently leasing a villa in 'The Villages FL 32162'. Must move up to NY to get assisted living near my family. How can I break my lease with no penalties … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Signed a 1 year lease 04/17..agreed in lease to pay 325 a
Signed a 1 year lease 04/17..agreed in lease to pay 325 a month...200 for lot rent 125 for water and electric...for a total of 325...recieved a piece of paper taped on my door...rent going to 350 and … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers

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 (last updated February 8, 2012).

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 (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x