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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36982
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a lease problem. trying to get out of my lease,

Customer Question

i have a lease problem. trying to get out of my lease
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: please call me if you have time.(###) ###-####i am in San Jose California
JA: Has any paperwork been filed?
Customer: No. since i move in i have problem with the air and heating unit. they never fixed it. i am getting sick now
JA: Anything else you want the lawyer to know before I connect you?
Customer: italk to them and they said they will fix it and they will pay for my 2 days hotel. i dont want to stay here anymore.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If you can give some more details about what is going on and what your legal question is, I should be able to get you an answer..

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Is this mold related or does the heat simply not work?

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Any other issues with the property that could make it uninhabitable?

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thanks

Barrister

Customer: replied 6 months ago.
The unit was blowing too much air/hear in some areas of the apartment and not enough in other part.
It's not well distributed.
They came to try to fix it 3 time in the last 6 months I have been here.
It's been a hassle. They came out agin last week and they said they have to cut through the wall.
I have problems with my lungs and my grand son born premature and only one lung developed.
I have been sick because of hot and cold temp.
I have old them I don't want to risk our heath with the dust exposure when they cut.
I am paying $3800 a month for something that its never been completed I wanted to move out but they told me I have to pay penalty.
Expert:  Barrister replied 6 months ago.

Ok, if this is a problem that is with the air distribution of the furnace ductwork, then if the landlord can correct the problem, that wouldn't give you legal grounds to terminate the lease. It sound more like a need to adjust the vents in the dwelling so as to reduce air flow to some rooms and increase it to others so it is evenly distributed. In order to give you grounds to terminate, the problem has to make the entire property uninhabitable. So if the furnace didn't work at all, or the sewer backed up, or the electric or water didn't work, or it was full of mold, you could terminate. But hot areas and cold areas, although irritating, wouldn't rise to the level of making the property uninhabitable.

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However, they would have to put you up in a hotel at their expense during any time when the property was uninhabitable due to a non functioning furnace.

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But if you were under a written fixed term lease contract, and you broke it, they could hold you liable for any lost rent until they re-rented the unit.

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So to minimize your potential liability, if you feel you have to breach, make sure you leave the place as close to spotless as you can so the landlord can immediately put it on the market and hopefully rent it quickly.

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thanks

Barrister

Customer: replied 6 months ago.
Thank You!
Expert:  Barrister replied 6 months ago.

You are very welcome. Happy to help any time.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have addressed all your questions, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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