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My son is going into boot camp for 8 wks with the coast guard…

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My son is going into...
My son is going into boot camp for 8 wks with the coast guard followed by 12 wks in the Coast Guard's A school in VA. I cosigned a lease along with his roommate's mother. The roommate is also going into the coast guard. We want to get out of our lease - they have not fixed things that were promised in a timely fashion - 8 wks now. Can we break our contract if there is no clause to get out early?Living in Florida
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 2 hours by:
6/23/2010
Real Estate Lawyer: Lucy, Esq., Lawyer replied 8 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
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Lucy, Esq. :

Hi, my name is XXXXX XXXXX I'd be happy to answer your questions today.

Lucy, Esq. :

If the lease was dependent on the landlord fixing certain things, and he did not, then the landlord is in violation of the lease. The landlord's violation of the lease, if severe enough, can be grounds for a tenant to break the lease and move. If, for example, there are pests in the apartment, or the appliances/air conditioning doesn't work, if there is only one toilet that doesn't work, if the roof leaks, stuff like that.

Customer:

I thought that there was something we could use about him going into the miltary. Isn't that a cause for breaking a lease? Also his roommate got a written ticket for drug paraphenalia and there was a condition in the lease that stated they could be evicted if any drugs or drug paraphenalia was in the home. Is that something we can use to break the lease, the fact the police were there and found drug paraphenalia or is it only for the landlord's benefit?

Lucy, Esq. :

A lot of leases have a clause in them that state that, if a person is called to military service, he can break the lease without repercussions. If it doesn't say that, he can only break the lease if he is being transferred or deployed.

Lucy, Esq. :

Unfortunately, the clause about drugs in the apartment is only for the landlord's benefit. A tenant cannot use the fact that he was caught with drugs in the apartment as a grounds for breaking the lease.

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