Can I Break a Lease Due to Poor Maintenance?

Published Fri Jun 21

When you lease an apartment, you enter into a legal relationship with your landlord that comes with both benefits and responsibilities for each party. As a tenant, your primary obligations are to pay rent on time, not damage the property, and adhere to the terms outlined in your lease agreement. In return, your landlord must provide you with a livable home, ensuring that the property is in a condition that meets basic habitability standards.

FORT LAUDERDALE – Question: I lease an apartment in a poorly maintained building. Lately, it has gotten to the point where the smell is literally making me sick. I want to move, but I signed a one-year lease. Can I get out of my lease due to this? — Cara

Understanding Your Rights and Responsibilities

When you sign a lease, it is important to know that this contract binds both you and your landlord to specific responsibilities. While maintenance duties might be shared or divided differently in your lease agreement, the landlord is ultimately responsible for ensuring that the property remains livable.

Communication Is Key

If you are facing maintenance issues, the first step is to communicate with your landlord. Sometimes landlords are unaware of problems until tenants bring them to their attention. Explain the issue clearly and give your landlord an opportunity to address it.

Putting It in Writing

If your landlord does not respond to verbal communication or fails to take action, follow up with a written request. This step is crucial as it not only signifies the seriousness of your complaint but also creates a documented record of your efforts to resolve the issue. In your written communication, describe the problem in detail and request prompt action to fix it.

Legal Grounds for Breaking a Lease

In situations where the property becomes uninhabitable and the landlord fails to make necessary repairs, you may have legal grounds to terminate your lease. Typically, you must notify your landlord in writing about the issue and give them a reasonable timeframe, often seven days, to address it. If the landlord does not take meaningful steps to correct the problem, you may be able to break the lease and move out.

What Constitutes Uninhabitable Conditions?

It’s important to understand that for a property to be legally considered uninhabitable, the conditions must be severe. Common examples include significant structural issues, lack of essential services like water or electricity, or health hazards such as mold. Simply feeling uncomfortable or inconvenienced does not meet the threshold of uninhabitability.

Continuing to Pay Rent

If the property is still livable but has issues, you are generally required to continue paying rent. Withholding rent without proper justification can lead to additional problems, including eviction. Instead, you should keep paying rent while documenting the ongoing issues and your efforts to get them resolved.

Taking Action

To summarize, if you believe your apartment has become uninhabitable:

  1. Communicate the issue to your landlord promptly and clearly.
  2. Follow up with written requests if initial communication does not lead to action.
  3. Document all communications and attempts to resolve the problem.
  4. Understand the legal standards for uninhabitability and continue to pay rent if the property is still livable.
  5. If necessary, seek legal advice to explore your options and ensure you are following the proper procedures.

In cases where the property truly becomes uninhabitable and the landlord fails to act, you have the right to protect your health and well-being by terminating the lease. Always approach such situations with a thorough understanding of your legal rights and obligations to avoid complications.

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