Can we break our lease if out landlod has failed to make repairs?

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Can we break our lease if out landlod has failed to make repairs?

My 2 roommates and I are renting an apartment from a man we shall call in this situation George. George seemed to be a nice guy when we came for our weekend visit and we only had those 2 days to find a place to live. We signed the lease for June 1st and went back to where we lived until then. Move in day came and we had to wait until 8 pm to be able to get in to the apartment. We had gotten our keys before the previous tenants had even left. He said he would contact us within the next 2 weeks to go over a checklist to go along with our security deposit. He also said he would be over to give us our garage door opener. He has yet to do either of those things despite being called multiple times. We have also had trouble with our neighbors, who have a combined HVAC system with ours. They have control over all the heat and A/C. They also have a habit of smoking pot. We have called the police on them 3 times now but the landlord has yet to do anything about it. We were wondering if there was a legal way to break our lease and not have any legal responsibility for it.

Asked on October 18, 2012 under Real Estate Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether you are able to contractually break your lease without recourse to your landlord depends upon what the presumed written lease states. As such, you need to carefully read it in that its terms and conditions control the obligations owed to you and vice versa as to the landlord.

Assuming the landlord owns both units you have written about, voicing your concerns over habitability issues may render a written lease of your obligations under the lease without recourse particularly if you advise your landlord that you will be having a health inspector come out and look at the two units.


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