Does it constitute breach of a lease break if an apartment complex doesn’t fix a flooring issue or explain why they won’t and never contact the tenant?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does it constitute breach of a lease break if an apartment complex doesn’t fix a flooring issue or explain why they won’t and never contact the tenant?

It’s a 2nd floor apartment with a sub floor and top layer of cement. The top layer was cracked so badly it physically wobbled when walked on. The issue was brought to the landlord’s attention as were concerns about placing furniture on top of it, was told it would be fixed even though they didn’t normally do so, then took 2 1/2 months to fix it poorly, which prevented the tenant from living there as all their furniture was crammed into 1 of 2 bedrooms and a living room, leaving no space while the floors were worked on. Nor did the landlord tell the tenant that there was a subfloor until after.

Asked on June 29, 2012 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the condition has not yet been resolved and it preventes the tenant from taking occupancy, the tenant could likely terminate the lease without penalty for either or both of:

1) Breach of lease (effectively not given possession of all the premises she was renting on the move-in date);

2) Breach of the implied warranty of habitability (the premises was not fit for its intended use--residence).

She could also likely sue for monetary compensation--e.g. to recover rent paid; for her cost to live elsewhere during this time.

If the condition has finally been repaired to a level where the premises is habitable (even if the repair was otherwise far from good), the tenant could not longer terminate or void the lease, but could still sue for monetary compensation for the period of time during which the premises was not habitable and/or she did not effectively have possession of the full area she was paying for.


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