Can I break the lease?

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Old Nov 5th, 2009, 06:15 PM   #1
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Angry Can I break the lease?

My air conditioner has been broken since august. My landlord never came to fix it so I called the housing inspector. The inspector gave them 2 weeks to fix it and if they didnt respond to the letter they would send them another one and give them 2 more weeks or they get a ticket. Its now the beginning of november and its still not fixed. I want to break my lease and move. I live in a duplex, its an upper and lower unit, i live in the upper one. My neighbors downstairs got mold because the landlords didnt come fix their bathtub faucet for almost 3 weeks. Is there any way that I can get out of this lease and move soon??
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Old Nov 5th, 2009, 06:42 PM   #2
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Default Re: Can I break the lease?

A broken AC unit is not likely going to be solid grounds to break lease. If you leave without some agreement with Landlord you will be on the hook for rent for rest of the leas eor until new tenan tis found. Note that if there are other empty units Landlord does not have to fill yours first
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Old Nov 5th, 2009, 08:15 PM   #3
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Default Re: Can I break the lease?

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My air conditioner has been broken since august. My landlord never came to fix it so I called the housing inspector. The inspector gave them 2 weeks to fix it and if they didnt respond to the letter they would send them another one and give them 2 more weeks or they get a ticket. Its now the beginning of november and its still not fixed. I want to break my lease and move. I live in a duplex, its an upper and lower unit, i live in the upper one. My neighbors downstairs got mold because the landlords didnt come fix their bathtub faucet for almost 3 weeks. Is there any way that I can get out of this lease and move soon??
Not even close.

Although A/C maintenance could be required by your lease, a judge would also look at the habitability issue cause by a non-function unit. It's November now, and even the warmest climates are unlikely to need A/C cooling by this time of year. Plus, if it hasn't been working since August, and you just now called out your housing inspector to get the LL cited for the repair issue, it must not have affected your living environment that severely.

No habitability issue, no lease break opportunity for you.
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Old Nov 6th, 2009, 12:26 PM   #4
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Default Re: Can I break the lease?

One additional REGIONAL note: AC is a habitability issue in a couple of states (AZ, NV) in the summer months. AC is a required repair in the desert area. Had you been in this area when the AC went out in August, and had you submitted a repair notice in writing to the LL then, you could have broken the lease during this period for habitability reasons. But since it is now November, even there you could not break a lease for no AC at this time of year. You should have acted on this earlier.
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