[Niknika]

We just sign the lease 2 months ago. Our landlord promised that he will fix some minor thing after we move in that was before. And we still keep fighting about it. For 2 month of living we already had 2 major leaks( it was not our fault), which we still keep asking him to fix. There is nothing on a lease how the tenant can terminate the lease. Please help. Thank you.

[starfirefly]

Phone the landlord and tenent act and tell them the problem they will let you know exacally what your rights are

[this8384]

Could you give us more information on this situation? It's needed in order to give you the most accurate answer. Your original post is confusing, as you initially state that it's a minor repair but then state that it caused you to have 2 major leaks.

[ScottGem]

Most leases do not have a termination clause. Valid reasons for terminating the lease are a matter of local laws, so we would need to know where you are to help further.

You also need to define these leaks and what damage they caused.

You may or may not have grounds to terminate the lease. Or you may be able to have the repairs done and deduct them from your rent. But to do so you have to follow certain procedures.

For us to help further we need more info.

[ScottGem]

phone the landlord and tenent act and tell them the problem they will let you know exacally what your rights are

What "landlord and tenant act" You may have such a thing in your area, but its not universal.

[Niknika]

The minor things were in a house before we moved in, which he promised to fix it during our stay, and we keep asking him to do so for two month. But, during these two month of us being in a house two water leaks happened, and now we are arguing about them. Hi knows it is not our fault and he has to pay for the repair, and he keep delaying the repair. We want to cancel the lease, but if we moved out as I understand we have to pay for the rest of lease.. In a lease there is no paragraph about tenant canceling the lease. So can we somehow get out of it?

[Niknika]

And we are in Baltimore Maryland, thank you

[ScottGem]

When someone asks a question on a site like this, very often they don't supply enough info for an answer. So additional information is asked for. When that happens, the asker should try to answer all the questions asked. Otherwise we cannot help.

You didn't do that so we can't help until you give us info to help us help you.

We need to know the extent of the damage caused by those leaks and whether they create an unihabitable condition.

There are links to state laws at the top of this forum. You should research the laws of your Maryland about early lease terminations.

[Niknika]

Does the falling apart ceiling in a garage counts? We can leave with this , part of it already drop on a floor. This happened because big leak upstairs. Yes we can park cars outside and wait until he get it fix.

[ScottGem]

Ok, so the leaks occurred over the garage which damaged the garage ceiling. In my opinion that does not make an unihabitable condition.

So what you need to do is send the landlord a letter stating ALL the repairs he needs to make, the minor ones you moved in with and the major ones caused by the leak. Give the landord one week to make the repairs otherwise you will hire a contractor yourself and deduct the costs from your rent. In the meantime get at least two estimates to make the repairs.

But if you try to use this to get out of the lease I think you would lose in court.

[Niknika]

Can I do it legally? I mean . To give him a week to fix it, and if he doesn't do it, hire someone and than deduct from rent. That's really great. Thank you.

[ScottGem]

First I found this information on this site: Breaking a Lease

Q -“Can I break the lease if management doesn't properly maintain the property?”
A -The answer is that it depends. If the property is so poorly maintained that it is no longer tenable to live there, a tenant may be able to go into District Court under the Rent Escrow Law (and in Baltimore City, under the Warranty of Habitability) and have a judge void the lease. In addition, if a tenant vacates a property because of the severity of the conditions, the tenant may be able to sue the landlord for constructive eviction and have the court void the lease and give the tenant money damages. The remedies of Rent Escrow, Warranty of Habitability and Constructive Eviction are somewhat complicated and it is advisable to seek assistance before proceeding. BNI, the Legal Aid Bureau (for income eligible clients), Maryland Volunteer Lawyers Service (for income eligible clients), or a private attorney may be able to provide you with more detailed information tailored to your particular situation. [Normally, the remedy for poor maintenance is to file a complaint with the local housing inspectors and/or to send a letter by certified mail to the landlord noting the items you want repaired. Then, if the landlord has not complied with the violation notice or repaired the property within a reasonable time, and if the repairs needed are substantial, it is possible to petition the court, in a rent escrow process, (and/or warranty of habitability process in Baltimore City) to have the rent money placed into an escrow account until all repairs are completed.]

This information seems to indicate that you can wihhold rent until the repairs are made, but not necessarily apply the rent towards repairs.

This site also has similar information:
Maryland Attorney General - Consumer Publications - Landlord and Tenants

The bottomline as I see it, is you need to inform the landlord that the repairs are needed and give them time to make the repairs. But these rep[airs have to have a substantial effect on the habitability of the property.

Both the state and Baltimore City have agencies that you can turn to for advice with this. The sites I linked to can help you contact them.

[Niknika]

Thank you very much for your help.