How to go about legally breaking our lease if our unit is not safe and sanitary?
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How to go about legally breaking our lease if our unit is not safe and sanitary?
We have been in our apartment for 6 months; our lease ends in 8 months. Since living here, we have discovered a mold problem in the bathroom, ants in our kitchen, radiators that clank noisily every hour and it’s impossible to get a full night’s sleep. We’ve addressed our concerns with the landlord only to be ignored. They have not bothered to even simply return a phone call. We would like to move ASAP.
Asked on November 28, 2011 under Real Estate Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Every residential lease contains what is known as an "implied warranty of habitability". This means that as a tenant, you are guaranteed to be given a safe and sanitary place in which to live. Mold can be a serious problem as well as a pest infestation. Additionlay, there is another implied covenant, that of "quiet enjoyment". This means that you should be able to occupy a peaceful premises. The clanging noise from the radiator may be a breach of this warranty.
For breaches of a lease, a tenant can: repair the problem and deduct the cost from their rent; withhold their rent until the landlord repairs the problem; or, in certain circumstances, they can break their lease.
So if you want to break your lease under the circumstances you may be able to. However, you cannot simply move out. That would leave you in breach without establishing your right to do so and open you up to monetary penalties. What you'll need to do is to go down to housing court or landlord-tenant court (it's called different things in different places) and ask to start an action based upon the breach of the warranties of habitability and quiet enjoyment. The court may allow you to pay you rent into an escrow fund. The court will allow the landlord to take care of the problem or try to at least fix it and you may be relocated for the time it takes them to do so. If they cannot, then you can ask that the court that the lease be voided.
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