If tenant is misled by landlord as to condition of premises, can the lease be terminated?

Question Details:

My wife and I rented an apartment. They showed us a finished hot tub with now water saying all they have to do is find someone to maintain it. Now they say the are not going to do this and we have a finished hole in the ground that retains water and has tadpoles bugs and who knows what else. Do we have a legal ability to break our lease?

Asked 11/5/2009 under Real Estate | 235 View(s) | More Legal Topics

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Real Estate Law Answers

I am a lawyer in CT and practice in this area of the law.  A lease is govered by contract law.  if one party breaches the lease the breaching party may not enforce its terms.  In this case, if there is a lease that you executed with the expectation that you were signing the lease and having a finished hot tub, but no hot tub was provided, then the landlord breached the lease and the tenant is not required to pay rent and move in as the landlord failed to perform a material part of the lease.

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