can I break my rental lease due to very unsatisfactory living conditions?
I have only lived here for 3 months, and the A/C has broke 3 times. It didnt even work when I moved in. There is a massive roach infestation, they are literally crawling all over my stove when I cook, I have seen them crawl into my coffee pot, and into the seal on my fridge. The bathtub and toilet backed up so bad it sent all kidn of garbage and debris into the tub. The place is a DUMP, but mostly due to poor magnament. I have called to the point that they are sick of hearing from me, to get pest control and the a/c man out. it took them 2 1/2 weeks to fix the A/C the last time it broke (try living in Florida in July without A/C! Forget about it. we spent those days at our friends house)
I really need to move into a new place, I dont want to move but I cant live with roaches and broken appliances. It will never change. Can these reasons help me to break the lease?
May 22nd, 2011 at 6:34 pm
Do you want the conditions repaired an fixed or are you looking for a reason to break the lease?
There are some states that would allow you to give the landlord or management company notice that you are planning to withhold rent to repair what you think need repairing after giving the management company or and landlord proper written notice.
The next possible thing you might do is write the landlord and/or management company telling them you think they have violated their part of the lease by not promptly repairing the items needing repair,as the roach infestation that is there in your unit.
You would have to have written notices you have given to them about the problem, therefore, I hope you have maintained copies for your records.
I hope this has been of some benefit to you, good luck.
“FIGHT ON”
exterminator
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May 22nd, 2011 at 8:35 pm
AC is not a necessity, so for that, you cannot leave. Sewage backup you likely could get out for, IF they didn’t fix it in a timely manner. If they send pest control, they are making reasonable attempt to fix the issue.
exterminator
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May 22nd, 2011 at 9:33 pm
First, working AC in FL is not considered a condition of requirement for human habitability. Unless the AC is specifically included in your lease as part of contract provision, a failed AC system is not a condition which can be used to break a lease.
The plumbing and roach issues are another story. If you expect to break this lease without penalty, you need to contact the local health authorities to inspect your premises for these defects. When observed, the health department will issue an order to the landlord to remedy the issues within a certain time frame. THEN, if the landlord fails to comply, you will have a basis for lease termination.
Contact the health department (or similar) in your area with your complaints.
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May 22nd, 2011 at 10:34 pm
Call the health department and report your claim. Your apt. will be given a time limit to clean it up. With the roaches, you will just be soaked in chemicals. Why does it matter about them being sick of hearing from you? You hired them remember, make them do their job correctly.
exterminator
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May 22nd, 2011 at 11:33 pm
None of that is legal grounds to break a lease.
AC is not legally required to be included so you cannot break a lease over anything to do with AC.
If they did call an exterminator then you have no case. It does not legally matter how long it took them to come if they did call one. If they did not then you may have a slim case but you would have to sue them for it to legally get out of the lease.
They do need to fix the plumbing problem if they have not already but you cannot break a lease over a minor plumbing problem. If they do not get it fixed there are proper legal procedures that must be followed to force the repair.
Calling them constantly does NOT do any good. Repair request need to be submitted in writing. If you do not have it on paper you have no proof they know about it if you need to take further action.
I’m a property manager.
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