If my air conditioner does not adequately cool my rented duplex, and I have requested that it be worked on, can I break my lease without penalty?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my air conditioner does not adequately cool my rented duplex, and I have requested that it be worked on, can I break my lease without penalty?
I have working window AC units that do not keep up with the heat. My living room was 95 degrees for 5 hours yesterday. After I notified them by email, the landlord said they would put in another unit 12 days ago and they have not. I cannot sleep in my own home. Can I break my lease without penalty?
Asked on August 3, 2012 under Real Estate Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you can not break your lease unless a court allow you to and renders it void. What you can do is go to court and start a proceeding against your landlord for a breach of contract (the lease) and breach of warranty of habitability. Ask the court to allow you to pay you rent in to court and for an "abatement" - reduction - of the rent. The courts will make sure that it is fixed and you are compensated or that you can leave. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you can not break your lease unless a court allow you to and renders it void. What you can do is go to court and start a proceeding against your landlord for a breach of contract (the lease) and breach of warranty of habitability. Ask the court to allow you to pay you rent in to court and for an "abatement" - reduction - of the rent. The courts will make sure that it is fixed and you are compensated or that you can leave. Good luck.
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.