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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.