Can I break my lease if there is extensive flood damage next to the A/C unit and surrounding areas.

UPDATED: Aug 6, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 6, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I break my lease if there is extensive flood damage next to the A/C unit and surrounding areas.

I moved into my apartment early. I signed a special lease addendum agreeing to move into the apartment *as is*. I understood that I would probably need to do some heavy cleaning, but didn’t anticipate there would be extensive flood damage throughout the kitchen and bathroom. I believe it was caused by a neglected leaking A/C unit that caused the floor to warp and sink about an inch lower than the rest of the floor. I’m trying to figure out if this is sufficient enough to break my lease, or figure out if this violates any state property code.

Asked on August 6, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the damage renders the premises actually unsafe or unhealthy to live in, then you may have grounds to terminate the lease if the landlord does not remedy the situation after notice  (preferrably written) and an opportunity to do so. That's because all rentals are subject to what's known as the "implied warranty of habitability," which is the obligation that the rental premises be "fit for its intended purpose"--e.g. safe and appropriate to live in. Floors, especially in older buildings, are often uneven; floors are walls are often stained. Conditions like this would not violate the implied warranty of habitability; it would take something which really affects habitability (the ability to live there) to violate the implied warranty of habitability in way which would let you terminate the lease.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption