If I rented an apartment not knowing that there was no heating vents in the bedroom, can I break my 1 year lease and still get my security deposit back?

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If I rented an apartment not knowing that there was no heating vents in the bedroom, can I break my 1 year lease and still get my security deposit back?

Asked on October 23, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could only terminate the lease without penalty if:

1) The lack of heating vents in the bedroom make the premises not habitable--that  is, not merely somewhat colder or less pleasant than you'd like, but essentially unusable as a place to live; or

2) You specifically asked the landlord about heat (particularly in the bedroom) and he or she lied about it.

The former case would be a violation of the implied warranty of habitabilty; the latter would be fraud. Otherwise, however, you most likely cannot break the lease without penalty.


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