Ask Experts Questions for FREE Help !
Ask
    mmatchett's Avatar
    mmatchett Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 6, 2011, 10:47 AM
    Breaking a lease due to breach of contract.
    I rented a house, signed a year lease. The house was being renovated and the landlord told use all of these wonderful things that would be done to the home. For this we agreed to a rent payment of 800 a month. However, the landlord worked for a few weeks and then just stopped coming. For the past three months we have lived in an unfinished home. The water heater has to be relit 3 to 4 times a day.(before baths, washing the dishes, etc.) He told us the first we that he would fix this issue. It took almost a month for him to finish our flooring. The garage is filled with his tools and siding for the house. The new front door is also in the garage. When is it possible to break a lease for breach of contract? The inside of the home was supposed to be finished months ago. And he is still expecting the 800 a month rent.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Jun 6, 2011, 12:28 PM

    You can try to break the lease BUT you cannot amend a written contract by oral agreement. Only what is WRITTEN in your lease is binding on your landlord. Promises do not legally count.

    If you do not have use of all of the property which you are leasing (for example, you do not have use of the garage) or the property is unsafe (no front door), then you have grounds to break the lease.

    What does the lease say IN WRITING about improvements?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Jun 6, 2011, 03:06 PM

    I agree with Judy. Unless your lease directly talks about these repairs and improvements you will not win in court. That is if the LL takes you to court. Ypou might be able to make a case for the home to be not habitable but the ice is thin.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jun 6, 2011, 03:58 PM

    Unless the home is not habitable, you probably can't break the lease. What you need to do is document everything. Then send the landlord a letter giving him a reasonable time frame to finish everything. In that letter you state that if the work is not finished, that you will consider him in breach of contract and the lease terminated.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Living out Security Deposit due to Breach of Contract [ 5 Answers ]

I am tenant of a single family home in NYS. My family and I have decided to move from our current residence after three years because our landlord has failed to keep up her home. When we first moved in 3 yrs ago the landlord stated that the old carpet would be replaced and painting would be done. ...

Breach of lease contract fl [ 8 Answers ]

Hi, I have a lease agreement that depends on a master lease the landlord has with the mall. The mall is now moving the landlord to another part of the mall and he has taken upon himself to exclude me from the new location. I verbally agreed to move with the landlord when asked. I have not...

Breach of contract due to contaminated products [ 8 Answers ]

I am under contract as a licensed provider for a certain line of health and beauty products. This contract states that I am not to use/sell any other products (by another manufacturer). I have learned that the products distributed by this company have repeatedly failed FDA inspections (6 years in a...

Buyer attempting to breach sales contract due to cosmetic problems. [ 3 Answers ]

I am selling my current home. I accepted an offer from a buyer entering into a contract. Afterwards, the buyer came into the house with their home inspector. They found simple drywall cracks at various places in the house. They are requesting their earnest money back because of unsatisfactory...

Information about breach of lease agreement and about breaking a lease... [ 3 Answers ]

Hello, I have been residing in the state of Georgia for almost a year. I moved from New York, I had never rented in New York so this is all new to me. Here's the issue, Me and my husband signed a lease on July to this apartment complex, at the time we thought it would be a lovely place to raise a...


View more questions Search