What to do if my apartment will be uninhabitable for an extended period of time due to flood damage from a hurricane?
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What to do if my apartment will be uninhabitable for an extended period of time due to flood damage from a hurricane?
My landlord threatened legal action for unpaid rent. How can I break my lease?
Asked on November 7, 2012 under Real Estate Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You will most likely be able to terminate your lease based on the circumstances. If your apartment will be uninhabitable for an extended period, you may be able to claim "constructive eviction". So for example, if you just had to move out for a week or so (and your landlord paid to house you), then you would not have grounds to break your rental agreement. However, if you are forced to relocate for a lenghty period of time, you can legally terminate it (and obtain a refund of your security deposit).
At this point, you should consult directly with an attorney who specializes in landlord-tenant matters or at least speak with a tenant's right advocacy group, so as to be fully apprised of your rights under applicable state law.
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