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Jim, we are only getting one side of the argument.
If I were you I would write a letter to your landlord giving 30 days notice and explain that you are moving out because the windows are a safety issue. Offer to cooperate in letting him show the condo to prospective Air Max Thea Jacquard Camouflage Lace Up Sneakers
I definitely feel that we have the right to expect the condo to have warranted repairs made, and if not, to move out regardless of the proper terminology. But I appreciate input from some of you that have more experience and expertise to confirm my belief. jim
Edited Mar 30 2012, 19:57 by Greg B.
window. If I were the landlord, I would not allow you out of a lease unless the windows truly could not be opened, but since I can try out your windows myself and you say you can open them, though it is a struggle, I would assume they are not actually stuck to the point where they cannot be opened. I usually replace bad windows when I get a new rental before I move tenants in, but if any were in bad condition at move in, I would not let a tenant out of the lease because of that over a year later.
Breaking the Lease
tenants. He not going to give you your security deposit back, but he probably not going to sue you, either. And if he does, I don think he win. If he can get the condo rented to a new tenant quickly, his damages will be minimal.
Sorry to be so long winded, but here the crux of the matter under these circumstances, are we entitled to break the lease and move?
When I first read your post I thought of the safety issues of not being able to open a Air Max Tavas Green Glow Release Date
We about 17 months into a 2 year lease on a condo. After moving in, we found that the windows are very difficult to open I think from the condo settling and causing the windows to bind against the window frame. The windows all open, but are usually pretty difficult to operate my wife is unable to open or close any of them. To make matters worse, the window blinds (cheap plastic blinds that I believe were installed by the builder probably 15 years ago) are also very difficult to close, which makes it more difficult to deal with the windows.
I work hard in providing a safe, comfortable rental unit for all of my residents. However, with normal wear and tear none of my units are perfect. Any one of my residents could find a reason to complain and force an issue.
We actually did not know the windows were this hard to operate when we signed the lease. We didn realize they were that bad until we went through the condo a few weeks later and documented the issues.
Since we know they cannot afford to do that, we asked that they allow us to break the lease and move to an apartment (timing to be determined depending on availability). The Landlord is adamant that since we signed the lease, we obligated to pay to the end regardless of the window situation.
If I don have the right to expect the landlord to fix windows that my wife can even open or close, what rights do I have? Sounds like you saying that if the landlord refuses to make repairs, I have no recourse but to live with it . jim
Thanks for the reply. I not a landlord, and I not a lawyer maybe I used the wrong terminology. I thought that, since the term of the lease isn up until October, that it be considered "breaking" the lease if we moved out early.
Jim, I don know the law in your state, but I would Nike Air Max 2015 Red And Black expect your risk of legal liability would be very low if you move out. Nike Air Max Thea Lilac
We decided that we don want to live here through another summer under these circumstances, and I notified the landlord of that this winter. He said he address it in the spring. Today, he admitted that there really nothing he can do (he cannot afford to replace the windows) about it, but insists that, since we signed a lease, and didn complain last year, that we obligated to continue to pay rent until lease end. He also makes the point that they do open but ignores the fact that it so difficult to do so that my wife can do so.
I do agree, if it is a safety issue then you have a complaint. However, you said that the windows were sticking when you moved in.
Thanks for the replies. Let me ask, though isn the landlord obligated to make repairs? Shouldn the landlord be obligated to repair windows that cannot be opened or closed by a normal person, or replace or repair blinds that don work? And if so, and he refuses do I not have rights as the tenant to terminate the lease and move?
Thanks for the comments, Greg. I would, in fact, like to move out now. However, I want to do what right, too.
We met with the landlord today, and explained that last year we "lived with" the windows, but were fairly miserable struggling with opening and closing them during the hot summer months in Michigan. We had noted that the windows and blinds didn operate very well on our initial Issue Checklist form after we moved in, but didn complain at eh time.
However, you don sound like you ignore one of your tenants if they couldn open and close the windows in one of your units. Especially considering the hassle of dealing with heat during the summer months. Still seems to me that this is a condition the landlord should be obligated to address.
We contend that, regardless of whether we complained last year, we complaining now. Our contention is that we have a reasonable expectation that the windows should operate in such a manner that anyone should be able to open/close them. Since my wife cannot and she is in good health and with normal strength for a woman of 57 we feel that the condition of the windows warrants repair.
It sounds to me that you just want to move out and you are going to find a reason to void the lease without you being at fault. Since I don want to go to court and I don need an unhappy resident I would be glad to encourage you to move on if I were your landlord. Good luck.
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