Legal Question in Real Estate Law in Alabama

Breaking lease without loss of deposit

I have an annual lease which ends the last day of Feb 2003. Since June, my daughter's bedroom window has leaked to the point that the floor and window sill are completely rotted. This is a condo association and I rent from the owner of this condo. Today, 10/30/02, they have finally came and began work on my daughter's room. The entire wall, including a double window, are having to be replaced. The room is totally unavailable for habitation, not to mention the fumes of dust and mildew. Can I break my lease, with a 30-day notice, without losing my deposit because of this?


Asked on 10/30/02, 5:03 pm

2 Answers from Attorneys
Marcel Carroll Marcel Carroll JD, PC

Re: Breaking lease without loss of deposit

Alot depends on the wording of the lease. But in all likelihood the lease allows the landlord a reasonable opportunity to fix the problem. This appears to be what he is doing now. Assuming he completes the repairs you would likely be in breach of your lease if you left now. Since he has your money, this would be at best a risky move!

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Answered on 11/04/02, 2:26 pm
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Breaking lease without loss of deposit

You would need to have an attorney read your lease.

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Answered on 11/03/02, 4:16 pm


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