Can I get out of a 1 year lease on my apartment?

The apartment above mine had a broken pipe at the beginning of the month and flooded my apartment. The repairs have gone on for over a month, keeping me from living in the apartment. Is there legal standing for demanding an early release from my lease agreement? Also, is there legal ground for demanding a refund for the last month?

Asked on November 3, 2011 under Real Estate Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way for you to answer your question is for you to carefully read your written lease for the premises you occupy (assuming you have one) in that its terms and conditions control the obligations owed to you by the landlord and vice versa absent conflicting state law. Potentially there may be a provision in the written lease setting forth a basis for you to end the lease as a result of the problems that you are facing due to the flood conditions.

The longer it takes you to get back into the rental, the less of a basis for no breach of the agreement by the landlord exists. You should not have to pay for the rental when you cannot occupy it due to the flooded conditions. Perhaps consulting with a landlord tenant attorney may provide you with further assistance.

Good luck.


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