Am I able to break a lease on a property which I was told would be in move-in ready condition but is not?

I saw an apartment that had some plumbing issues. The realtor told me it would be fixed before move in. It wasn’t. Now they tell me, it’s a month away from being fixed and the construction could take 10 days of ripping out floors and walls in the bathroom.

Asked on July 16, 2012 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You most likely would have grounds to terminate your lease wiwthout penalty and recover your security deposit: the landlord and/or property manager has materially (significantly) violated the lease by not being able to provide possession of a habitable apartment on the date they had agreed to provide  it. Alternately, you could remain but could seek (e.g. in a lawsuit, if they won't voluntarily provide) compensation for the time you are living with plumbing isseus and major construction.


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