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    Captandyman's Avatar
    Captandyman Posts: 3, Reputation: 1
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    #1

    Dec 2, 2011, 08:17 AM
    Breaking a Rental Lease
    I have signed a six month, winter lease in Maine. Upon moving in I found evidence of past roof leakage and attempts to fix(as well as other winter heating issues like gaps in doors, broken fire brick in the wood stove etc.). I asked the landlord if the leak was fixed and he said that he thought so. After the resent snow storm and melting the roof leaks. I called the landlord and told him the issues and he is attempting to fix them, inappropriately and there is no guarantee that the leak will be stopped. He will not allow me to break the lease. Is this legal? Is there any legal means of breaking the lease at this point or do I have to wait and see if the roof leaks again? Thanks for your answers.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Dec 2, 2011, 08:35 AM
    A leaking roof that has had repair attempt is not grounds to break a lease. Not familiar with the laws in Maine but you can consult an attorney about putting the rent into an escrow account until the issue is resolved or deducting the repairs from the rent (not recommended)
    Captandyman's Avatar
    Captandyman Posts: 3, Reputation: 1
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    #3

    Dec 2, 2011, 01:21 PM
    The escrow account is a good idea, thank you. Let me elaporate on the attempt at a repair. The landlord does his own "repairs". In years past he knew that the roof leaked including around the skylights and chimney. He put on a "new roof", which I believe he means that he re-shingled it. In my exploration there does not seem to be any ice and water shield under the shingles where it should be located. After re-shingling the roof still leaked, "around the chimney" in his words. Instead of pealing back the shingles around the chimney he but tar and ice/water shield around the chimney on top of the shingles. According to him this stopped the leak. Now I move in and, as stated above, noticed the previous "repairs" and asked if the roof leaked and come to find out that it does. He investigated and tried to find the source with no obvious one showing. (I did not inspect myself.) The origin of entry into the interior suggests around the skylights and so he is now doing the same half-*** job of putting the ice/water shield around them. There are other issues as stated in my original question which I will only say that attest to his shabby "repairs" and handyman skills.
    So with this further information back to my original question. He said that if this repair does not work that he would let me out of the lease. Do I have to wait and see if it does to legally break the lease. Do you suggest I go to the town's Code Enforcement Officer and see if there is anything he can do. I really don't think this patch job will be a fix and it is finally getting cold and snow is on its way.
    Thanks again for you time into this question.

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