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?

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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 11 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.


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