Do I have to pay a re-letting fee if I break my lease due to safety concerns?
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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 13 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.
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