Q: Need a suggestion to break the lease as we are having intermittent hot water supply.
Hello..we just moved into a new apartment 4 days back. 2 of the 4 days we didnt get the hot water to take bath between 10-12 but we did get it after some hrs. We learned that the previous water heater was replaced with a smaller one. We are not happy with this situation as we are expecting a new baby in weeks. I assumed that there would be 24X7 hot water supply. By this I do not mean the quantity, just the availability.
What are my options now, if the landlord says that get used to the timings and delays.
I would like to move out now as it is going to get more difficult later. Given that I signed the lease for 12 months what can I do to get out of the lease? Thank you so much
A: The answer to your question depends on several facts that are not provided here, such as the precise terms of your lease, and the location of the apartment. That said, if you are being left without hot water, you can argue that it is a failure to provide an essential service and is thus a breach of the implied warranty of habitability, thereby allowing you to break your lease if your landlord does not rectify the problem within a certain amount of time. I highly recommend consulting with a local attorney prior to moving forward, as the notice requirements are often times very strict, and a simple mistake can prevent you from legally breaking the lease.
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