QUESTION
Is there a way we can get out of lease if the landlord did not follow through with certain agreements?
Asked on Jan 04th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
When we rented our house there was a wood stove which is one of the main reasons we rented it. We were trying to downsize bills and we could get cheap/free wood. Six months later, the landlord informed us they had to remove it cause they didn't tell the company that they were renting the house. It was going to be cancelled due to the wood stove/ in a rental dwelling. We argued and she said all she could do was take off $200 on one month rent. They also said they would pay the water bill and one month later told us we would have to pay it. There have been other issues but these are the main ones. I feel like they lied to get us into a lease and now we are stuck for another year. We made this move to save money (this house is half the size if not smaller than our other house was). It is now costing us $200-300 more a month than our last house. Is there any legal way to get out of this lease?
4 ANSWERS
Steven D. Dunnings
Is this property located in a city/township that requires a property owner to register any rental property with the city/township. See if there is a Code compliance office with which landlords need to register rental properties. It might be illegal for you to be renting that property.
Answered on Jan 18th, 2012 at 4:31 PM
Yes, when a landlord promises (in writing, in the lease) to provide specific amenities and then the landlord removes one or more of the amenities, then that may be grounds to terminate the lease. You will need to follow the notice procedure stated in the lease (if any) or, alternatively, the notice requirements of the Arizona landlord/tenant act. The facts you stated, however, suggest that you may have already accepted a $200 discount on one month's rent, which the landlord will argue was an "accord and satisfaction," which resolved that specific issue, thereby waiving your right to terminate the lease on the same basis. As for the oral promise to pay the water bill, you may or may not be able to enforce it. If it was a promise by the landlord to pay one month's water bill and you have witnesses that heard this agreement, it should be enforceable. If, however, the promise was to pay all the remaining water bills, your chances of success are reduced. Most rental agreements state that any amendments must be done in writing and signed by the parties. If your rental agreement says that, then the landlord will argue that there was merely "discussion" and/or "negotiation" regarding the water bills, but that no final agreement was reached and reduced to writing. If your rental agreement does not include language that says amendments must be in writing, your chances of success may increase slightly, but will ultimately depend on the testimony of witnesses (if any) and admissions by the landlord (if any). In the future, you should reduce everything to writing. When you have a conversation with the landlord (in person or by telephone), confirm the content of the conversation by sending a letter, fax or email. Any agreement whereby you are getting anything or giving up anything should be done in writing.
Answered on Jan 18th, 2012 at 4:21 PM
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Yes. The services provided by the landlord have changed. Tell him that your going to cancel the lease. Follow the procedures in the lease to the letter.
Answered on Jan 18th, 2012 at 3:07 PM
Kevin Elliott Parks
There may be a two different legal ways to get out of the house. The first would be to assert that the landlord breached the lease. Of course, this may or not be factually supported, as the lease likely does include 'essential services' terms relating to the stove/heat source, but if the landlord is replacing the unit or if the heat has otherwise not been interrupted, you may not have much to go on, as they actually must have breached certain of the lease terms for this to be available. The other way, then, is getting the landlord to agree to a modification that ends the lease early. Landlords are typically reticent to do this, of course, but it is possible. Neither way is particularly easy, nor particularly cheap, however, as it almost always requires the assistance of an attorney. If you were to simply give notice and then move out and breach the lease yourself, of course, the landlord could only charge you either a lease-break fee (typically a month and a half's rent), or the actual cost of rent, utilities, and advertising costs between when you vacate and another tenant moves in, and the landlord is required to act diligently to replace you. At the end of the day, it depends on a cost/benefit analysis to determine what is the best course of action for you to pursue. Initially, it seems to me that if there's some justifiable reason for them to remove/replace the wood stove, there's not likely much you'll be able to do in response. I don't know what renting vs. not renting a house may implicate in regards to wood stoves, but there may well be a valid reason there, contractually, legally, or the like. Then, unfortunately, I don't know if you have much wiggle room on the water bill and $200 off issue, either. It depends on the circumstances that lead to that agreement, of course, and what ultimately is written into your lease, but sparring with a landlord over a verbal contract is usually a no-win situation for tenants. You should contact an attorney in your area for a consultation to see what recourse you may have.
Answered on Jan 18th, 2012 at 1:34 PM