More details to this question:
I rented a unit prior to moving to the US from the UK. When we got here the house was a terrible state. Amongst other things, the place was filthy. We documented all of this and the landlord made delayed efforts to resolve things, by which time we just cleaned the place ourselves. The garden is still unusable due to the mess. The major element is heating. There was no heating on the entire upper floor. The landlord has completed some work but two of the rooms are still freezing cold and literally unusable over winter without supplementary heating, such as electric heaters which we can't afford the bills for, the landlord won't do anymore and we have had enough. Is this enough grounds to break the lease?
4 ANSWERS
Yes. Keep copies of all of your letters, emails, demands to repair, etc. Send another letter telling the landlord that due to the landlord's failure to correct the problems and make the place habitable the landlord has breached the lease and you are moving out on a certain day. Warn the landlord against doing anything to hurt your credit. Send the letter first class and by certified mail, return receipt requested, and keep copies. Then, move out on the date you specified. If the landlord sues you for rent, your letters and the facts will be your defense.
Answered on Feb 11th, 2013 at 11:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, if the house is actually not habitable there may be a basis for declaring a beach and terminating the lease. It is imperative the lease be reviewed if you seek a firm opinion.
Answered on Feb 11th, 2013 at 8:23 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
Heat is a vital element of any tenancy so you would need to follow the rules of the L/T Code regarding notice before you vacant and/or retain some rent.
Answered on Feb 11th, 2013 at 7:29 PM
Kevin J. Connolly
Yes, do it now while it's still winter. This is "constructive eviction," because no self-respecting tenant would live this way.
Answered on Feb 11th, 2013 at 7:27 PM