Under what conditions can I terminate my lease?
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Under what conditions can I terminate my lease?
I served my landlord a 7 day notice to complete repairs or I will terminate lease. If they do not complete the repairs or the repairs are too extensive for me to stay in my apartment, can I still terminate my lease willingly??
Asked on August 5, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sometimes terminate your lease early without penalty if the landlord fails to correct conditions rendering the premises uninhabitable--so affecting health or safety--after notice to fix them and a reasonable opportunity to fix. (And a reasonable opportunity depends on the circumstances--for example, it could reasonably take weeks to repair a damaged and leaky roof after a hurricane, when tens of thousands of people are all calling contractors at the same time.) If the conditions you are complaining of do not render the premises more-or-less uninhabitable, you cannot terminate your lease due to them. This area can be tricky, since the determination of what does and what does not affect habitability is not always clear cut. You are advised to consult with a landlord-tenant attorney before doing anything.
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