If Ihad a flood from the apartment above me, what steps can I take to allow me to break my lease?

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If Ihad a flood from the apartment above me, what steps can I take to allow me to break my lease?

I have been very patient with management in getting my apartment repaired, but the repairs have yet to be completed. Consequently, I have not been able to truly live comfortably in my apartment since 10/16, the date that the apartment originally was flooded. I was assured on 10/18 that the walls, ceiling, and carpet would be repaired by 10/22. This has yet to be done.

Asked on November 2, 2010 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with an attorney, because in this area, if you act improperly (e.g.  don't provide notice to the landlord in the right way), you can find yourself liable under your lease even if substantively, you're in the right. That said, you  may have good grounds for some combination of terminating the lease; forcing the landlord to make repairs; and/or receiving monetary damages or compensation for the time you have been living in the unrepaired property. That is because leases have implied to them a term, called an implied warranty of habitability, that the premises will be safely inhabitable and fit for the purpose for which you leased it, residence. If it is not, the landlord may be liable under that warranty to the tenant. However, usually before terminating a lease under this warranty or seeking other relief, it's necessary to first put the landlord on notice of his or her duty to repair the premises. An attorney can help you make sure that you exert your rights in the proper way and get as much compensation as possible.


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