How can I get out of an apartment lease early? 6 Answers as of August 10, 2011

I have turned in requests for things in my apartment to be be fixed, such as microwave, shutters, moldings on floor, garbage disposal, request is about thirty days old now and nothing has been done. Two days after I moved in to my unit the neighbor was arrested for drugs in the apartment which he was not even the tenant to.

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Bagwell Holt Smith Jones & Crowson, P.A.
Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
You may have a claim that your quiet enjoyment of the property has been diminished. Speak with an attorney about preparing your case for a hearing and negotiating with the landlord to see if an agreement can be reached.
Answer Applies to: North Carolina
Replied: 7/28/2011
Frances R. Johnson
Frances R. Johnson | Frances R. Johnson
It completely depends upon the language in your lease. These events you've listed do not qualify for any kind of automatic termination right.
Answer Applies to: Colorado
Replied: 7/28/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Take a look at your lease and see how is it that you must give "notice" to your landlord. It probably says in writing. But it may also say by certified mail or something else. However it says, document all your requests for repairs by giving "notice" as required under the lease. Tell the landlord in writing that if he won't make the repairs within a given time that you will make the repairs and then deduct them from the rent. Document everything. Keep good records. Save all receipts. Make sure they are itemized and marked "paid". I would recommend certified mail, return receipt request. It will cost you in postage but you will have a signed receipt for everything. If things get bad enough in the apartment then call the local building inspector to come in and take a look. Be honest with the inspector before they come out so it's not a wasted trip. Not everything is a code violation. But if there are any violations, then the landlord will get cited and have to fix it.
Answer Applies to: New York
Replied: 7/28/2011
Law Offices of Rami Nabi
Law Offices of Rami Nabi | Rami Nabi
Every lease has a implied warranty of habitability. Meaning that your lease implies that your landlord will keep the unit habitable. Usually, this means that it has to be livable no unreasonable health or safety issue. You have to give you landlord notice and a reasonable time for him to fix the problem if he does not he has breached the lease. I would give him notice once again and if he does not do anything have an attorney assist you.
Answer Applies to: California
Replied: 7/27/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
It looks like you may have a claim for breach of the implied warranty of habitability. Then again, maybe you do not. This is not a simple matter and I cannot appropriately advise you in this forum.
Answer Applies to: New York
Replied: 7/27/2011
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