Do I have to pay a re-letting fee if I break my lease due to safety concerns?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have to pay a re-letting fee if I break my lease due to safety concerns?

My lease states that I must provide a 60-day written notice and pay an additional full months rent. My reason is that since I moved in 6 months ago, the unit next to me burnt out due to an elecrtical fire. It took 6 months for them to remove the burnt items from the apartment allowing harmful chemicals to lay dormat a wall from me. My ceiling fell in on my bathroom during the construction and my attic access in my closet has also fallen in which has filled my closet with insulation. They fix things quickly but major things keep happening. It’s frightening. Is this cause enough to not pay my early termination fee?

Asked on April 18, 2011 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may have grounds to break the lease without paying the re-letting fee owing to a violation of the implied warranty of habitability--a term added to all leases that the rental premises must be safefly inhahabitable. If you do this incorrectly (e.g. no or wrong or inadequate notice), you can find yourself still liable to the landlord for breach of lease, so you should seek an attorney's assistance. You may be able to also sue your landlord for compensation for any times that your ceiling had fall in and your closet fallen in, so there may be some offsetting recovery available to you, that would offset the cost of an attorney. Since many attorneys will provide a free initial consultation (be sure to ask first if a lawyer does), it would be worthwhile meeting with one to explore your options.


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 AttorneyPages.com 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 with SHA-256 Encryption