If my lease states that my landlord would get the house cleaned prior to us moving and they have failed to do so, canI get out ofthe lease?

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If my lease states that my landlord would get the house cleaned prior to us moving and they have failed to do so, canI get out ofthe lease?

Asked on November 17, 2011 under Real Estate Law, New York

Answers:

Michael D. Siegel / Siegel & Siegel, P.C.

Answered 10 years ago | Contributor

You would be taking a big risk walking away from a large obligation on a technicality.  If you wish you had not done the deal, this is not the way to handle it.  If you are really ticked off about the dirt, pay for a cleaning and deduct the cost from the next payment, showing the landlord the reciept.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have not moved into the rental yet and the home is not cleaned as agreed per the presumed writtten lease, I would not move into it yet. Rather I would write the landlord a letter/e mail advsing him or her of the need to clean the home before move in by a set date per the contract.

If he or she fails to clean the unit by the set date, I would deem the failure a breach and refuse to honor the agreement. What you have decsribed is not a good way to start off the lease with the landlord.


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