Ask a real estate pro: Can I break lease in poorly maintained building?
Q: I lease an apartment in a poorly maintained building. Lately, it has gotten to the point where the smell is literally making me sick. I want to move, but I signed a one-year lease. Can I get out of my lease due to this? — Cara
A: When a property is leased, it creates a legal relationship with benefits and responsibilities for the landlord and the tenant. The tenant has to pay rent, not damage the property, and follow the rules in the lease and the community. The landlord gets paid the rent but, in return, has to provide a livable home for the tenant.
While the lease agreement may split up maintenance responsibilities, the landlord is ultimately responsible for the property’s condition.
When a problem arises in any relationship, communication can be vital in resolving it. Contact your landlord and discuss the problem. It is possible that your landlord does not even know about the issue and will work on fixing it as soon as you tell her.
If your landlord ignores the issue or dismisses your concerns, try again, but this time in writing. This lets her know you are serious about the problem and helps create a record of your efforts to get your landlord to live up to her responsibilities.