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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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This is a question about a lease I have with a condo. I signed the lease 3 months ago. In that time there was water damage that was due to faulty construcsion. I have just broke my lease for a job transfer to another state. According to the lease I am obligated to pay rent for 3 months from the date of giving notice or until the condo is released. We have moved out and the condo is now available for rent and we have 2 1/2 months of our obligation left. My concern is that they have to repair the damage to the condo and, in my opinion, this makes the condo less desirable for people to lease it. Whether the repairs are done durring my obligated 3 months or after it is still less desirable. Can I break the remainder of my contract because of the damage? Thank you.
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#2 |
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How serious was the damage and how extensive will be the repairs. If it is very disruptive that indeed could be reason to not have to pay the extra rent--or at least to reduce your obligation.
Also, was it arguably damage enough to break the lease by any chance? |
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#3 |
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Top Level Member
Last Online:
07-23-2008 11:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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How much and what type of water damage was there? In order to be enough damages to legally break your lease, the place would have to be uninhabitable. It would have to effect essential services to the point that you were unable to use them. You would also have to have given *written notice* of the problem to your LL and allowed him a reasonable opportunity to repair the problem BEFORE you could legally break your lease. I don't think your problem meets these criteria since you still lived in the unit.
Your real reason for breaking the lease was the job transfer, which is not an acceptable reason. If the LL took this to court, the judge would likely award the LL the 30 day notice period that you were required to give (if you did not give this in writing), plus an extra one to two months of rent to allow the unit to be re-rented. (Thus 2 - 3 months of rent.) If your unit is rented within that time, you are not liable for rent after it is rented again. I doubt they will allow these repairs to the condo to wait. Since you are out, it is likely that they will start on repairs immeiately, or as soon as their insurance allows them to. No condo association wants to show or rent out a unit with unfinished repairs. It looks bad for all the other condos and makes it much harder to rent. |
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#4 |
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Thanks for the replies. The water damage is not that bad, the floor in the kitchen needs to be replaced (its wood) and the rest of the floor in the livingroom and dinning room have to be refinished.
My concern is, that while I'm paying rent there and the repairs are being done, it is not releasable, therefore I feel that I should not have to pay durring that time. I really dont know anything about lease laws, its just how i feel. Thanks again for the replies!!! |
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#5 |
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Top Level Member
Last Online:
07-23-2008 11:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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Had you remained in your lease, those repairs would probably have been effected during your tenancy. Since you broke your lease, you will have to pay for the unit now. Since these repairs are not extensive, they can be completely within a week or so. Wood floors can be replaced within a day or two. Refinishing a floor (sanding, staining, and reapplying poly?) takes a couple of days. The unit should be available to rent within that time. They can show it, and take and screen applications while this work is ongoing. It will take that long just to do this and complete/sign the lease, so no (or very little) time will be lost to repairs.
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