Q: I am planning to break my lease 2 months early. Trying to understand my rights prior to signing a notice to vacate.
I had called the front desk months ago because our water bill was substantially higher. They said they would have the maintenance team check it out and gave me proper 24hr notice the first time. I was there when they came and they replaced a part in the toilet which they said should solve the problem. Note that I had never actually submitted a written request. A few months later (well after our bill had returned to normal rates) the front desk called me saying that the maintenance team was entering my apartment to fix a very minor drip on the heater located on the balcony that they had identified a few months prior during the original visit. I said that I do not authorize them to enter my apartment without 24hr notice, but they had already went in. I know this wasn’t an emergency repair since they left the issue from months prior.
If I sign a notice to vacate form and they aren’t able to re-rent in time, can I use the unauthorized entry to avoid liability for remaining 2 month rent?
A: You may try to use the unauthorized entry as a way to avoid liability but I think it will not be successful because landlord was repairing an issue with a leak in the premises that would benefit the tenant.
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