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Can i break the lease if too many violations: roddens, roaches, leaks?
Anonymous4 views3 answers
I have rented a beautiful apartment in NJ. But after moved in the problem piles up - Rodents and roaches, leak in the bathroom, leak in the bedroom. I keep writing letters to landlords and even fixed one leak with my own money, which i had a hard time to get back. I reported all of this to the city and will have a report. Can i break the lease and move out but get my deposit back? landlord is saying that i have to stay as i am improving the house condition and i am a great tenant. But i am moving out. I gave him a 1 month note based on the last leak. He is saying that i am responsible for the rent till my lease is expire. I think when there are violations i can move out. please advise. thanks
Generally you have a legal right to cancel the lease if the apartment has so many problems that your right to quite enjoyment or habitability is denied. This is a very fact specific issue. If you move out the landlord may decide to sue you for the term of the lease. There are many issues, your claim that you have valid reason to cancel the contract, whether the landlord has mitigated damages. However if landlord refuses to refund then you may have to initiate a lawsuit to get the deposit. These are always difficult situations where the landlord normally has the upperhand because it has your deposit.
Daniel Scott OrlowEmployment / Labor AttorneyCherry Hill, NJ ·
Before I answer your question I must point out that I do not represent you, I have not reviewed all of the relevant documentation, and I can only provide you with information concerning New Jersey, Pennsylvania, or Federal law.
That being said, make sure to take pictures of all the conditions in your apartment and keep receipts of the money you have laid out to fix the problems. Generally speaking, if the apartment is uninhabitable you have a right to terminate the lease. However, the Court still has to be convinced that the condition of the apartment was in fact uninhabitable, which is a very fact specific analysis. This is why it is so important to document everything. If you are serious about moving out you should also surrended possession of the apartment to the landlord, which means giving him or her the key back. Also make sure that all of your notices to the landlord about the apartment's condition and your intention to move out are in writing.
The other attorney posting here is correct that related issues will come up connected to this dispute. You should consult with an attorney in confidence to discuss these issues.
A standard Lease has in it that the Landlord must give you a habitable place to live. If your house or apartment is uninhabitable then you have the right to move out. However, it's imperative that you have all necessary proofs documented in writing in the event the Landlord decides to sue for the term of the Lease. You should have plenty of photos taken of the condition of the house and all notices to landlord should be in writing delivered either personally by someone else or sent CRRR.
