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Ask Loren Your Own Question
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34003
Experience:  30 years of real estate practice experience.
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My brother and I are renting a two bedroom apartment at this

Customer Question

My brother and I are renting a two bedroom apartment at this place called the Crossings at Washingtonian located in Gaithersburg, MD. We have been living here since July 2015, so our lease is almost up, but we want to end it by June, if possible.Since moving into this apartment complex, we dealt with a lot of issues such as bathroom fan falling off the ceiling, paint chipping of the walls, and something is leaking in our kitchen. We have reported these issues to management back on December 2015, it is now May 2016 and nothing have been resolved. We still pay our rent on time and lived through it no problem.Recently, we discovered that there's an animal living in the master bedroom ceiling and I've captured a video of it scratching through the ceiling wall and making a hole in it. I've reported it to management, but they gave me the usual answer "we'll look into it", well it has been several days now and no one has come to check and we've made several phone calls, emails, showed the videos, went to the front office, etc., but still no one has been able to help us. I've been sleeping out in the living room for the past several days since I'm not sure if that thing will ever claw through the ceiling and possibly getting bitten by then if it does.I want to know what we can do in this case, can we get out of our lease early? Could we sue the apartments for negligence or anything else for that matter? I hate to bring it to this where we need to talk to an attorney and I've told the management here as well, but I guess they're calling my bluff.Please let me know your thoughts on what I should do whenever you get a chance. I appreciate your help in advance and look forward to your reply.Best regards,Vinh Vo(###) ###-####
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.Every lease carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.Make sure you have a written record of the damages and your request for repairs.You make get more leverage if you retain an attorney to write a threatening letter. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise: is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.
Expert:  Loren replied 1 year ago.
Are you online with me?
Expert:  Loren replied 1 year ago.
Did you have further questions? Have I answered your question?