How can we legally able to get out of a lease and how do we go about it?

We have a 6 month lease that states our apartment will come with all appliances included. Upon move in we did not have a dryer and even after we recieved the dryer, both the washer and dryer have been out of order and barely able to be used.I have asked to get out of the lease early and have given my required 60 day notice but the landlord goes back to the lease that I signed.I advised him that he is already in breach of contract do to the fact that we have not had working appliances since day one.We were also misinformed as to what type of neighborhood we would be moving into.We moved from out of state and depended on apart manager to give honest info.This is the ghetto.

Asked on January 16, 2013 under Real Estate Law, Delaware

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are correct about the landlord breaching the lease, but under the laws of all states in this country the breach does not seem material warranting the termination of your lease without recourse to you. What is allowable is to demand a reduction in your monthly rent due to washer and dryer situation from the landlord.

If such cannot be agreed upon then small claims court seems to be your recourse.


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