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

    Dec 3, 2011, 03:18 PM
    Maine Lease Breaking
    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. 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. 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? 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 for you time into this question.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Dec 3, 2011, 03:33 PM
    Yes you have to wait. You reported the problem, the landlord responded by making repairs. You have to see if the repairs do not fix th problem.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Dec 3, 2011, 03:34 PM
    You could contact the Code Enforcement office to see if they can make the landlord properly fix this roof leak. You can get a renter's policy in the meantime to ensure your property is covered should the leak ruin any of your stuff. You could just simply move out after taking numerous photos of this shoddy repair job and the inside leaks to show the judge when the landlord takes you to court to recover his lost rental income. The landlord cannot disallow you to break the lease. He can, however, take you to court for the lost income. It's your choice if you wish to wait and see it leak again or just leave. There is a cold, wet winter season expected this year and you won't have long to wait for another snow storm to hit.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 3, 2011, 04:01 PM
    The issue is that you will never know if you can break the lease, ( unless he gives it to you in writing) unless you break the leak, he sues you and you go to court, if you win, then you were right and can break the lease, if you lose, then you were wrong, There is no other way to know for sure.

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