Do I have a right to terminate my lease due to construction/renovation in the condo building that I wasn’t aware of when I signed my lease?

My landlord told me that they will paint the building and there might be some excess noise during that but if fact it’s so much more is going on right now. They are removing and reinstalling the balconies and no one told me this going to happen, amount of noise is terrible. Also, they covering the windows with a blue firm, so it’s no daylight in apartment anymore. I’m not agree to stay in that conditions and iI’m wondering if I have any rights to terminate the rental lease legally? I read my lease and there is nothing written about termination

Asked on May 19, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the conditions are so bad that essentially no reasonable person who stay and live through them, you may be able to terminate your lease early for breach of the "implied warranty of habitability" (or your legal right to habitable space, treating these issues as impairments of habitabilty) or of the related "implied covenant of quiet enjoyment" (your right to use your space free of undue or unreasonable disruption).
The risk is that both these determinations--that habitability was sufficiently impaired as to allow you to terminate your lease, or that your quiet enjoyment was--are essentially subjective determinations; there is no hard-and-fast rule for what does or does not violate these things. Therefore, if you were to treat the lease as terminated and move out early and if the landlord then sued you for the rent you'd otherwise have had to pay for the balance of the lease, a court could potentially find that, in its subjective judgment, the conditions did not rise to the level of justifying termination and hold you to the lease. Therefore, while you might prevail and be able to safetly move out early, there is no way to guaranty that; you could remain liable for the rent.


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