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Breaking lease due to safety issues.
Can I break my lease because the steps are breaking off as we step on them? We wrote up a report 3 months ago because we fell. They still haven't done a thing to fix them. Three months later 2 more steps have broken as we were walking down and we twisted our ankles and have again written up 2 more reports. Is this grounds for an early termination? Is it worth getting a lawyer? My family won't even come over because they don't want to fall.
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Grounds, this is a good question, there is never a right answer, since you have to move, and let them sue you and then go to court to defend yourself. Have you reported it to the city code enforcement ? But you will never know for sure, till you move, everyone's opinion even an attorneys is just that opinion, and will not be for sure till the other side sues you and you end up in court |
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Personally, I don't see grounds for lease termination. However, what you can do is give the landlord one week, in writing, to fix the problem otherwise you will hire a contractor to make the repair and deduct the cost from your rent. |
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Do you have a written lease? *Many* will state the procedure for reporting maintenance requests and then go on to outline your rights if the landlord doesn't respond. Also, there's a "sticky" note at the top of the real estate law page with each state's LL/tenant laws (property code). I'd see what your state's laws say about repairs/maintenance/condition of the property.
Chuck is right... ultimately you won't know what will happen until you actually move & see if the LL comes after you (files a small claims case against you for damages (lost rent))or not. And then if they do come after you it will be up to a judge to decide if you violated the lease or if the LL violated the lease & you followed the proper procedure & were within your rights to move out... Good luck. Make sure you document EVERYTHING really well. Lots of photos, etc. That way if you wind up moving early & they do come after you, you'll at least have a strong case for your actions. |
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