need to break lease

[skychick79]

I have a lease until sept but need to move out in april. Part of the reason I'm moving out is that the building is very poorly maintained, always dirty, with the emergency lights out, etc. We were even without an elevator for a month and got a citation from the city.
They require two month's rent for breaking a lease, and I find that appalling keeping in mind how badly they maintain the property. Can I use this neglect to get out of the lease without paying a penalty?
Thanks.

[OHlandlord]

Have you completed written repair requests each time you noticed a maintenance problem? Did you keep copies of these? Did you write a request to management about needed cleaning? If you have failed to properly report these conditions and keep a record of them, you will not be able to use these as a reason to break a lease. In order to use the LL's neglect of a property as a reason to break a contract, you need to 1) be able to prove you complained about these things, 2) be able to prove that the LL got the complaints, and 3) show that he failed to act upon them. If you can't do these, you have no solid grounds for breaking your lease.

All repair requests should be completed in writing and sent to the LL by certified mail, return receipt requested. In this manner you can prove requests and his receipt of them. Always keep a copy of all repair requests for yourself.

Without proof, it is only your word that the property is run down and that the LL has failed to repair. In court, your word vs. his word is a no win battle. If you have keep copies of these, you can use them to get out of your lease. If not, you have no choice but to pay the lease break fee. If you pay this, get it in writing that you are no longer obligated under the terms of your lease.