If landlord takes away amenities such as 24/7 concierge, can I break my lease early?
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If landlord takes away amenities such as 24/7 concierge, can I break my lease early?
I have been renting in an apartment building for several years that when I moved
in advertised as 24/7 concierge service. Recently, the management company
decided they are no longer offering 24/7 concierge and there would only be
someone staffed at the front desk between 5pm-5am. Tenants were given no notice
that this change was going to happen. Since they are no longer offering a
service that was offered when I signed my lease, is this grounds for me to end my
lease early without penalty?
Thank you
Asked on February 12, 2019 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, it is not grounds to terminate your lease unless the lease itself states that you get 24/7 concierage service, in which case taking it away is a violation or breach of your lease by the property manager/landlord; that breach would allow you to terminate the lease (when one party to a contract--and a lease is a contract--violates it, that violation can allow the other side to terminate the agreement).
However, if it was not in the lease, then they can take it away without affecting the lease: the only things you have a guaranty of is what the lease contractually gives you. If it's in the lease, you are not legally entitled to it, so taking it away does not affect the validity or enforceabiltiy of the lease. So if concierage service is not in the lease, taking it away does not let you get out of the lease.
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