Can I break my lease ifthe landlord hasn’t taken care of an ant infestationor appliance maintenance?
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Can I break my lease ifthe landlord hasn’t taken care of an ant infestationor appliance maintenance?
We have called numerous times about the ants and they just give us some home remedy for killing them and it never works. They said they could have someone come out and spray but it would just make them worse. We have them everywhere. As for the appliance our stove has been broken for months. We only have one working burner. They had someone come out 2 months ago and fix it but he needed a part ordered to finish the job. It’s still broken and haven’t heard a word about it since. If I break my lease can I get my deposit back?
Asked on May 16, 2011 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You *may* be able to terminate your lease legally, leave, and get your deposit back--but you should consult with an attorney first, and ideally let the attorney help you. All leases have what's known as an "implied warranty of habitabilty"; this is a term implied to all leases, that the premises must be inhabitable for their purpose--e.g. for residence. A severe insect/pest problem could violate this; not having a working stove might also violate it (you can't effectively cook). Violations of this warranty can give rise to the right to sue to force your landlord to clean up the problem; to the right to monetary compensation; and sometimes--if the conditions are serious enough--the right to terminate the lease w/out penalty. The problem is, it's not always clear when that stage is actually reached; also, you have to provide you landlord notice--written notice--of the conditions prior to taking certain actions. If you take action precipitously or in the wrong way, you can find yourself liable to the landlord. So you do have rights, but they must be exercised in the correct way; let an attorney help you.
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