I would like to break my lease on the grounds that my family has had a life changing event, and that there where things about the house that had not been disclosed prior to signing a lease and/or moving in(water has a very foul smell). We have asked the owner put in a filter system, but they are unwilling to invest in the house. It would have made a diffrence had I known, I am now stuck in a lease for another 8 months. I need to know what my rights are to leave the property. There is also a hot tub, in the lease it states that it is working, but it isn't and they won't fix it. It's a little petty I know, but I want out. Thank you

Life changing event? Forget that (sorry, don't shoot the messenger).
Water - get it tested at your local water authority. Start buying gallons of water if needed, and keep receipts, and go to small claims. Maybe call the health dept if it's officially undrinkable.
Hot tub - small claims. It isn't covered by tenant law.

Not shooting messenger, just another question. I water deal was not disclosed and it has been tested as undrinkable. Shouldn't they have had to tell us about the water? They have laws to protect them, I should at least have the right to know about it before I sign and/or move in.

One other thing... If I had known about this before signing a lease I could have required the filter system to be put in, but the lack of disclosing info I couldn't make my request legal.

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

The problem here is proving that the landlord was aware of the problem. But, if you have had the water tested by the health department and its undrinkable, then an order should have been issued to the landlord to repair the problem. The landlord should have been given a deadline to fix it. You can give the landlord a notice that if he doesn't repair the problem in a reasonable time then you will consider him in breach of the lease and the lease voided and that you will be vacating by x date.

He may try to sue you, but proof that he didn't repair the problem should forestall his winning.

Thank you, I will have the water tested ASAP. They have tried to say that the water is safe, but have been unable to show proof. So I will find out for myself. Thanks again!

I thought you said it HAD been tested; "water deal was not disclosed and it has been tested as undrinkable."

This is the key here. You can't claim a problem if you don't verify the problem. As soon as the LL claimed there wasn't a problem you should have called the local health department and had them come test. You said you had 8 months to go, so I assume you have been there 4 months. That's a long time to go without drinkable or usable water. That's going to work against you. Its going to look like you want out because of this life changing event and are just looking for excuses.

You may have to buy your way out.

Thank you for your answers. I have now had the water tested and DSS says there is nothing wrong with the water health wise, but they could understand why I would not want to drink it. The smell in the water would turn almost anyone off. So I shower in it, because I have too yuck, and I clean with it. Any water that will be put in my body, or even just in my mouth (brush my teeth) comes from a 5 gallon jug. I fill up two five gallon jugs a week and buy bottled water. Yes, I want out, but I am mostly upset that there is no discloser law/rule/real estate practice that says she had to tell me about the smelly water. Any way I don't mind buying my way out, but what is a reasonable amount? I pay $850 a month and my lease is up in March. If I got her to agree to a buy out what should I offer? Or what do you think would be reasonable for her to offer?

I'm not so sure I would offer anything; or $200 tops for advertising and time.
There are other ways to get out of a grey area situation, such as a talk with the LL. First try reason. If that doesn't work, say that you will bring a bottle of it to Small Claims and sue for all future costs of bottled water to drink. (You may lose, but not necessarily, judges there take a lot of leeway.) And all you want is to end your lease on Sept 30. See what happens and answer back.

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Originally Posted by SManns

and it has been tested as undrinkable. .

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Originally Posted by SManns

Thank you, I will have the water tested ASAP.

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Hello S:

??

We can't help you if we don't have the right information...

excon

Standard is 2 months rent, but given the circumstances, I would offer no more than 1 and see what happens.