I live in New Jersey with my husband and two babies. We are renting a condo that is still in the finishing phases of completing other units. We want to break our lease because we have all been sick for almost 2 months. I've been here with the babies for about 2.5 months. Here is the problem. Is this enough to legally break a lease and not be responsible for payment? If so what do we do to protect ourselves i.e. pictures?
1.We are trying to break the lease but are getting no response from the landlord or his assistant.
2. Due to construction there is a white construction dust covering the stairs, coming through windows and coming through vents. I have asthma and the dr.s are watching to see if my 10 month old daughter's frequent chest colds are also asthma related.
3. Due to being so sick, my husband, children and I have been on antibiotics 2x and are still just as sick, we are back and forth to the pedi's office every week.
4. The condo is built out on a pier and in the garage we have noticed at least 4 areas that have 3 foot wide openings to the Hudson River, and we have 2 children under 2.
5. The doorknobs are faulty and we have been locked out on the terrace as well as out of the house.
6. Construction starts at 7am and there is banging on our walls all day, to the point I have to leave the apartment with the babies for the day.
7. The elevator keeps breaking and is filled with construction debre from the construction teams lugging supplies.
There are more issues, but these are the most severe. Is there anything we can do to legally break the lease?
Thank you for your help.

Well here's the rub. Almost all of the problems you mention should have been apparent when you chose to rent the place. You knew it was under construction (though starting a 7AM you might not have been aware of). You should have checked the garage.

So, your landlord can argue that you had to know of these conditions and chose to move in anyway.

Yes, we should have inspected each corner of the garage for holes. And, with the construction we were told it is in the ending phase, but were not told they are two years behind schedule and now still working. One other thing that was not shared is that the indoor pool and gym closed for a renavation project that will not be completed for at least 6 months. And, with two children the indoor pool was a selling point.
Thanks for your response, I do appreciate your honesty.

Now this you should have mentioned in your first note. If you were not told, or given incorrect info about the length of continuing instruction. If you were not told that certain amentities would not be available for an extended time, those would have a lot more bearing and would help your case a lot more.

Do you have a suggestion on what to do to protect ourselves if this goes down a legal avenue? We have left messages and emails for the landlord that we would like to help rent the apartment anyway we can, so hopefully it will be a cordial, non-court situation. But, just in case... What should we do?

There is little you can except document everything. You will need to prove what you were and weren't told and what you were informed of after the fact.

The only addition to Scott's advice is to send the LL a written notice/letter telling him about the open floor areas to the river. This would not be a normal expectation so tell him to fix this dangerous situation or you'll be forced to notify the housing authority of his ignoring the danger to your children.

Do you have a suggestion on what to do to protect ourselves if this goes down a legal avenue? We have left messages and emails for the landlord that we would like to help rent the apartment anyway we can, so hopefully it will be a cordial, non-court situation. But, just in case.... What should we do?Hello kerrif:

From what I read so far, it's NOT going to end cordially. However, you don't know until you've played your hand. Maybe they'll fold.

Your hand is weak, but at least you have a hand. (Sorry for these poker analogies, but they're perfect for your situation.) In poker, what we do with a weak hand, is bet the crap out of it. That's exactly what you should do here.

You're breaking the lease. That's a given. Let's make it THEIR fault. Write them a letter. Send it certified, return receipt requested. Inform them of their breach. Give them 10 days to correct it (and of course, they can't), and tell them you will be vacating on such and such a date (whenever you decide to vacate). Reasonable notice isn't a factor here since you're only responding to THEIR breach.

Clean the place immaculately, and schedule a walkthrough with the landlord (by mail). If he doesn't show up, take photographs including one with the newspaper with the date visible.

In your state, the landlord has to mitigate your damages. That means that he has to re-rent the apartment ASAP. IF he thinks YOU broke the lease, he's going to go after you for this money. If he folds, he won't.

He probably will come after you. Big deal. It's money you would have owed anyway.

excon