QUESTION

We live in an apartment and the upstairs neighbors dogs are urninating on our balcony ruining our property. Can we legally break the lease?

Asked on Nov 09th, 2012 on Contracts - Colorado
More details to this question:
The property management will not let us break the lease and we no longer want to live there. Do we have legal grounds to break it?
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1 ANSWER

Construction Law Attorney serving Greenwood Village, CO at Cyrus Rajabi, Attorney at Law
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The lease will be determinative in this case and you should read the lease carefully to determine if unremedied nuisances would constitute a basis for terminating the lease.  This may also rise to the level of a health issue which may be addressed in your lease. While the situation may not give you a basis to terminate your lease, it is likely a violation of the other tenants lease. In particular, it is possible that local ordinances may be applicable and it may be a violation for their dog to urinate on the balcony.   In any event, you should send a written complaint to the management company so that they can respond in writing and potentially evict the other tenant.  The process unfortunately takes some time. I assume that you have already taken the basic step of approaching your neighbor and asking nicely to have them take their dog outside rather than having the dog urinate on the balcony.  If you haven't, this should be your first step.  Hopefully, they will rise to the occasion and address the issue without the need for any legalities or formalities. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it.  Furthermore, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi  
Answered on Nov 19th, 2012 at 4:33 PM

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