Failed A/C unit in the dead of summer... Valid reason to break lease?

[Statler760]

I moved into a downtown Kansas City, MO unit in early February. Since the weather got warm (early April) the A/C has gone out on multiple occasions. It's gone down 7+ times and our unit jumps to 78+ degrees. One reason we signed our lease was the Utilites included, but they failed to mention how bad the A/C unit is. I have spoken with other residences and they said the building has this problem every year. I spoke w/an employee of the building yesterday and he described the problem as "The unit is a $500,000 unit that needs surgery, but the HOA doesn't have the money to replace it, so they keep bandaging it."

Besides just what's listed above: We were also advised of a 5.00 limo service from our place to a downtown location. We went to use the service and it was 25.00 a person. We have this portion in writing as well from the Homeowners Manual/Guide.

Thirdly, the Gym area reaches 76+ during the day, and this is because the landlord/management won't set it to a lower temperature, even after many request to do so.

Now the problem lies here. I spoke with the property manager. Our lease isn't up until Feb 2012. I told him the living condition is unbearable etc. He said he would let us out of our lease effective August 1st, but wanted rent for the month of July and would keep our 1,000 security deposit. We found a place to move into effective July 1st, and we advised the property manager we would be leaving on that day. I advised him he could keep the $1,000 deposit and I would pay an additional 150.00 to meet the difference for a months rent. This allowed him 45+ days to start renting it. The unit is in pristine condition inside, just as it was when we moved in. No repairs needed. I also noticed he put the unit up online but is trying to rent it for 500.00 more then what we are currently charged.

Do I have no leg to stand on after I leave on July 1st? I don't want my credit to be damaged and I am getting no replies from the property manager. I also have a list of other residence names and phone #'s and 1 employee whould back my statements.

Thanks in advance, and I apologize if my question was all over the place.

I cannot comment on Missouri landlord/tenant law, but in the state I live in, keeping the A/C working is a requirement of the LL, and a failed A/C unit in the dead of summer could be argued as a habitability issue. The only advice I would give you there is that you need to read up on the relevant state / local laws to find the proper procedure for requesting a repair and the steps to follow after that. Talking to an attorney is always a good idea, and a good percentage of them will give you a free initial consultation. You will not be able to get out of your lease if the LL is taking steps to try and fix the problem. "Bandaids", as you put it, would still be seen by the court as an attempt to mitigate the problem.

As far as moving out early, I would stress that before you do anything, make sure you have an agreement between you and the LL in writing, signed by both of you, in front of a public notary. I would personally craft this as an addendum to the existing lease that is empowered to supercede the existing lease.

Remember that e-mails and verbal exchanges hold no weight in court, with regard to the lease.