Q: Can you get out of your lease for holes in your ceiling that is now leaking during rainy days?
Roof started leaking a few weeks ago and after a few efforts by the landlord to address it, the roof has not been fixed. The landlord has mentioned that they are going to renovate the place in March 2019 when we get out of the lease and are not going to fix this issue. They told us we can get out of the lease. We found a new place and gave 30 days notice today, but they declined and said they thought it would take 90 days to find something. Can I get out of my lease?
A: In landlord-tenant law, a warranty of habitability is implied in a residential lease. The law imposes certain duties on a landlord to maintain the premises in habitable condition. This warranty requires landlords to keep their property "habitable," even if the lease does specifically require them to make repairs. The first step is to give your landlord notice of the leak. The landlord has a reasonable time to make the repairs. To tell you that it will not be repaired until March, 2019 or even October, 2018 is not acceptable. It sounds as if you have a strong case to be released from your lease.
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