Q: Does a lease have to include all terms and conditions?
I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my building's property manager and she informed me that I have to pay 2 months rent to break the lease. 1.) That is not in the lease. I read it front to back. 2.) These issues are making the apartment unsafe and I want to leave penalty free since they are issues within the Warranty of Habitability. She said the lease doesn't have to include everything (breaking a lease, subletting). It's an option. Is this true?
A:
From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the terms of the lease as a way for a tenant to escape even greater liability that could extend to the entire balance of rent due for the unexpired term of the lease.
However, in the situation you are describing you may have a factual basis to allege that you have been constructively evicted because of the conditions at the property. This defense to breach of lease turns on the detailed factual basis specific to each case.
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