Can I leave without a 30 day notice to my landlord if he didn’t uphold his end of a verbal agreement lease?

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Can I leave without a 30 day notice to my landlord if he didn’t uphold his end of a verbal agreement lease?

I moved into this apartment 4 months ago. The landlord and I had no written lease and only a verbal agreement. My only condition for moving in was that the A/C unit be replaced. He assured me that if it is something that needs to be taken care of then he will just have to go ahead and do it. Now, it still has not been replaced and I am moving out. I just now gave him my 30 days notice and told him that I would be moving out mid next month.

Asked on March 27, 2012 under Real Estate Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, two wrongs do not make a right.  But I think what you are trying to say here is that the landlord breached the agreement first so the requirement that you give 30 days notice to vacate is null and void.  That may or may not work.  What would have been the better move would have been to go to court nd to ask for help in the replacement of the AC unit stating that it breched the warranty of habitability with out it and asking for an abatement (reduction) of the rent.  If you get sued you can raise it as an affirmative defense.  Good luck.


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