Can I be released from my lease if I can no longer have a BBQbut it is stated in my lease that I can have one??

They have sent tenants several notifications about tenants not following current lease agreements on patio furniture and satellite dishes. Then they sent out another letter claiming the fire department says BBQ grills are now unsafe and they have to be removed completely from patios within 30 days. However it is in my lease agreement that I can have one. The only detail that says management can make changes to is the pet policy. I was wondering if I can get out of my lease and move without having to pay any fees?

Asked on November 4, 2011 under Real Estate Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Just because the local fire department has taken the position recently that barbeques are not allowed in the complex where you are renting does not in and of itself set forth a basis factually and legally for you to end your lease with the landlord.

The reason is that just because the fire department has taken a recent position that barbeques are not allowed at your complex does not in and of itself justify a basis for you to end your lease early. You might wish to consult with the landlord and ask what he or she can do for you given the fire department's new position.

Good luck.

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