CanI sue my landlord for breaking the lease due to uninhabitable conditions?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
CanI sue my landlord for breaking the lease due to uninhabitable conditions?
She told me that there was a problem with my septic tank and that I would have to move out because the house is not safe to live in.
Asked on February 27, 2011 under Real Estate Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What you would sue for is a breach of the lease agreement and the warranty of habitability. What do you want to sue her for? By that I mean do you want to sue her for money to move? For having to find a new place? Generally speaking when a home is uninhabitable a tenant sues the landlord for the right to break the lease and move and not to be liable for rental payments from that moment on. I would speak with a landlord tenant attorney in your area. You need something in writing that allows you to leave without being liable for the remainder of the leasehold (the rent) and you need to ask for moving expenses as well. Good luck.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A tenant often has the right to break a lease because of a dangerous condition; a landlord generally does not. Or rather: if it truly is dangerous, the landlord may have to require you to move out, BUT since it is her breach of the lease--she is failing to provide an inhabitable apartment--she is the one who will have to pay for the breach. For example, she may have to pay if not the full cost for you to live elsewhere, but pay any difference in rent if the new place costs more (including possibly paying hotel costs, if that's where you first go); she might also have to pay for other out-of-pocket costs, like moving expenses or storage costs for belongings. So yes, she can move you out of danger, but because it's her breach, you may have grounds to sue her for compensation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.