If there is a leak and I can't use a room because of it, can I brake my lease?

Ok. Here's the deal. I signed a contract in February, and a couple days later, there was a leak. I called the landlord, and they came about a week later. By that time, a good portion of the ceiling feel. Now its March 1, and all they have done is patch it, and its beginning to leak again ALL over the left side of the room, and is beginning to fall again.

Now I'm paying for five bedrooms, but can only use four, and its running into the next bedroom, so so only three. My question is, can this be a reason to break my leasr and move. I do foster care, and because of this issue, I can't keep the kids because they can't share rooms, and therfore, I can't afford the rent. And even if I could, I have a lease for FIVE bedrooms, and I don't want to pay for five rooms if I can only use four.

Does anyone know what I should do??

[AFFA]

I wish to inform you that you may terminate lease if your house is uninhabitable. You may give notice to the landlord that you are unable to have full premises because of leak and mention details thereby showing that house is uninhabitable. You may then terminate lease.

AFF

[sandyclaus]

Originally Posted by Unregistered Ok. Here's the deal. I signed a contract in February, and a couple days later, there was a leak. I called the landlord, and they came about a week later. By that time, a good portion of the ceiling feel. Now its March 1, and all they have done is patch it, and its beginning to leak again ALL over the left side of the room, and is beginning to fall again. Now I'm paying for five bedrooms, but can only use four, and its running into the next bedroom, so so only three. My question is, can this be a reason to break my leasr and move. I do foster care, and because of this issue, I can't keep the kids because they can't share rooms, and therfore, I can't afford the rent. And even if I could, I have a lease for FIVE bedrooms, and I don't want to pay for five rooms if I can only use four. Does anyone know what I should do??

Originally Posted by AFFA I wish to inform you that you may terminate lease if your house is uninhabitable. You may give notice to the landlord that you are unable to have full premises because of leak and mention details thereby showing that house is uninhabitable. You may then terminate lease. AFF

Basically, yes, but there is a little more to it than that.

The LL is required to provide a safe and habitable residence for you, and that means maintaining the basic systems in good working order, including heating, plumbing, hot water, etc. I find sometimes that LLs need to be reminded of this responsibility, and you can hold them responsible for their failure to do so.

Each state has a different set of remedies available if the LL doesn't maintain and repair, especially when the issues are a matter of health and safety, making the property (or a portion of it) uninhabitable. The formal procedures to follow for making your LL do these repairs will vary according to your state's laws.

You need to start by putting your demands for repair IN WRITING to the LL (you give them the ability to deny if you keep telling them verbally).. It is vitally important to establish a paper trail of your requests in the event they may be needed as evidence later.

Also, the LL needs to be given a reasonable opportunity to correct the defective condition before you go and terminate the lease over it. If you don't give them that, and you just up and leave, the LL can go after you in court to enforce the lease after you leave - and you don't want that to happen.

Start by providing your state, and then I can help with statutes specific to your state's laws on the matter.

I live in MA and called the city. Was that a bad move? I also gave a 30 day notice but wanted to send one through the city so I can have a receipt of recieving the notice, but that would mean that it would be dated the 28th but given the 3rd. I already gave one in but the landlord refused to sign a paper stating I gave her a notice. Would that still be considered a 30 day notice though?