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Posted by Jen g. on July 28, 1997 at 20:56:39:

In Reply to: Re: Breaking a lease in a event if you move out from city... posted by TenantNet on July 17, 1997 at 11:17:37:

: But in
: a normal situation, I don't think there's any law allowing you to escape
: your liability -- unless you can show the owner breached the lease by not
: fulfilling its terms, or as in some areas, the owner would be required
: to mitigate his damages (by seeking a new tenant) before making a claim
: against you. If you bring him an otherwise acceptable prospective tenant
: and he refuses, then you should be off the hook. Of course you can move
: anytime -- you just might be liable for the rent if the owner comes after
: you.

Tenant Net:

Does this mean that if you have no stove and the refrigerator does not work, and you have asked, through your attorney even, for them to be replaced twice & for other repairs to be done and nothing has been done, that you are "off the hook" & may leave & the landlord can't sue you for abandoning an (untenable) lease? I'd appreciate your advice very much as to what options I may have here. Thanks!!

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Comments:
: :  But in
: : a normal situation, I don't think there's any law allowing you to escape
: : your liability -- unless you can show the owner breached the lease by not
: : fulfilling its terms, or as in some areas, the owner would be required
: : to mitigate his damages (by seeking a new tenant) before making a claim
: : against you. If you bring him an otherwise acceptable prospective tenant 
: : and he refuses, then you should be off the hook. Of course you can move
: : anytime -- you just might be liable for the rent if the owner comes after
: : you.

: Tenant Net:

: Does this mean that if you have no stove and the refrigerator does not work, and you have asked, through your attorney even, for them to be replaced twice & for other repairs to be done and nothing has been done, that you are "off the hook" & may leave & the landlord can't sue you for abandoning an (untenable) lease?  I'd appreciate your advice very much as to what options I may have here.  Thanks!!


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