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Question:

Can I get out of a lease based on landlord not maintaining bldg and unsafe conditions?

I have a lease until sept but need to move out in aprilPart of the reason I'm moving out is that the building is very poorly maintained, always dirty, with the emergency lights out, etcWe were even without an elevator for a month and got a citation from the city.They require two month's rent for breaking a lease, and I find that appalling keeping in mind how badly they maintain the propertyCan I use this neglect to get out of the lease without paying a penalty?Thanks.

Answer:

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Seeing as the elevator is now fixed, that is a moot issueThe time to use that to break your lease would have been when the elevator was not workingFrom the info you provied, noGenerally, a tenant can break the lease if there are issues that make the property uninhabitable, the tenant has complained in writing and the landlord has not made the needed repairs in a reasonable amount of time Even then, the tenant would have to call in the local housing inspectors to verify the issues and deem the property uninhabitable If there are issues that do not affect the habitability of the property, the tenant would have to take the landlord to courtThe judge would either rule that the landllord is in breach of the lease and the tenant can move or the landlord is in breach of the lease and the tenant would get a rent abatement.

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