(Untitled)

[jljustice]

Under what circumstances can you break a lease?

There's a crack in my ceiling in my kitchen that runs the entire length of the ceiling, and today water started pouring out of it. A bunch of other areas in the apartment started leaking as well. There's also problems with the electrical outlets and other smaller things.

Comments

[skimikaze]

It may be hard too. I had the same problem one time and according to the lease, they are not responsible for theft, fire, and or water damage. They will advise you to get Renters insurance. It f*** up ant it? But as far as breaking your lease they would probably disapprove it.

[jljustice]

My lease is barely one page long. As soon as I get out of work, I'm going home to re-read it, because I'm pretty sure it says nothing about not being responsible for theft, fire, etc. I think it only really covers the basics like length of lease, cost of rent, etc.

[ghstlady1522]

The theft, fire, etc only covers damage to YOUR property. As in - if your stuff gets wet or burned, they don't pay for it.

THEY are responsible for damage to the building due to normal use and/or circumstances beyond your control (so unless the crack and leak were caused by you overflowing the tub, it should be their problem.)

google NYS renter's rights... the NYS attorney general's office has all kindsa helpful info on what your landlord HAS TO do. I dunno exactly how you'd go about breaking your lease... but there's gotta be a way out for that. A friend of mine got out of her lease once because of a roach infestation that the landlord didn't take care of.. I'd think exploding ceilings counted.

[mermaiden]

I know you've probably already done this, but have you talked to your landlord?

If you have, that's total bullshit, and sucks. :/ I hope it all gets resolved for you! I would totally think that those are grounds for breaking the lease.

[skimikaze]

Then you should be in good shape. I guesse it depends if you have a landlord or live in a apartment buliding because my lease is like 20 pages long and has everything in detail. good luck to you.

[uncacreamy]

Take pictures of your apartment. Include something that has the date very visible, in the picture. Send your landlord a written notice with a list of every complaint, requesting that he fix it. Send this letter certified, so that you will have a reciept. Keep a copy of this letter, and any replies. It might not hurt to have it notarized.

I am not a lawyer, and I'm having a hard time with Google today, so take my advice for what it's worth. I believe after this, you can cease paying rent until the issues are dealt with. If you want to break your lease early, you can find someone to sublet the place, and as long as there are more than 4 apartments in the building, they can't impede that.

[jljustice]

What if my landlord agrees to fix it, but says that it'll take weeks to fix? Can I still break the lease early? I haven't even lived in the apartment for a full month yet!

[uncacreamy]

Okay, looking at Cuomo's Tenant's Rights page, it says

[jljustice]

My lease states exactly this:

-extra charge for water beds
-smoke alarms in good working order
-if rent is not paid on time management has the right to enter and remove satellite/cable box (good thing I don't have cable!)
-I have recieved a copy of 'Protect your family from lead in your home' EPA 747-K-99-001 4-1099 (I never recieved this)
-Prior approval in writing must be given before pets will be allowed on the premises
-this is a 1 year lease
-each tenant is responsible for the total rent of the apartment, not only his share

That's it. That's my entire lease.

[future_texan]

If the landlord is unwilling to cooperate, perhaps you could go to city codes enforcement, they might be able to provide you with the appropriate information on the situation or maybe even inspect the property and order repairs.

Best of luck, part of my ceiling leaked and fell in on my apartment at the last place I rented, definitely no fun!