Question:

Our landlord has not fixed some major problems in our home and we found a better house. How can we get out?

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Our landlord has not fixed some major problems in our home and we found a better house. How can we get out?

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  1. Depends on what those 'major problems' are.  If they are not requirements of habitability, you will have no cause on which to break a legal lease.


  2. It depends what State you are in.  Every State has different laws.  You can find a copy of the Landlord/Tenant Law on the Internet.

  3. You follow your state's landlord tenant laws regarding warranty of habitability/repairs.

    If repairs are needed, then you need to give proper written notice of the issue and give the landlord whatever amount of time is specified within the law to make the repair.

    If the landlord fails to make the repair, your next step is to call in the local housing inspector.

    If the inspector deems the place to be uninhabitable, you will have what you need to break the lease legally.

    If the inspector finds major issues that affects the habitability of only part of the rental, you may be allowed a rent abatement.

    If the inspector finds issues or violations that can be remedied by repairs, he will force the landlord to make the required repairs or fine the landlord.

    You cannot just break the lease over issues, you have to follow the proper steps and even then may not be able to break the lease.


  4. If the major problems have been brought to the landlords attention and are indeed a health or habitation risk you may have an out, However, If you caused a problem and never told him, or it is cosmetic you need to address it properly.

    If you feel there are things that need to be taken care of address them in a letter and state that if they are not repaired in a timely manner that you will hire someone to do the work and deduct it from your rent or otherwise you feel you have grounds for breaking the lease.

    Word the letter with facts only and keep it to the point.

    Make a copy of any correspondence you have with him and use it if you need to break the lease.  

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