Break a rent lease without penalty?

Question

My lease ends in July(have to double check). I live in a basement studio. On 04/25/12, there was a fire in building on the first floor. Besides smoke and some flooding, there was no serious damage. Yesterday, 4/27/12, an inspector came and found out there was some water damage and mold and decides that the walls has to be strip down to see how serious it is. I was so frustrated with the situation that I called the management and wanted to break my lease. The manager asked me if I could move out everything by 4/30/12 and then to think about it. I am in the mist of moving my stuff. My question is, can I break my lease without penalty?

Anonymous · Accepted Answer

The doctrine of "frustration" applies in your situation.  This concerns a situation where following the formation of a contract [your lease] an event has occurred where neither party is at fault but where the contract cannot be carried out as agreed.  In other words performance of the landlord's obligations is impossible without significant hardship to you.   Your state should allow for this provision as it is a very common doctrine in contract law.

To wit, both parties are discharged of their obligations.  You should not be monetarily penalized for having to leave.

There are a number of events that are covered under this doctrine: earthquakes, fire, significant flooding etc.

Do some additional research under frustration of contracts and you will see that you have legal grounds to terminate the tenancy lease agreement without penalty.

LILL · Answer

No you can't.  Any agreement you have with management must be in writing...BEFORE you decide to move.  I suspect management is setting you up to sue you for the full duration of your lease.

SoCleveland · Answer

im confused if he asked you to move out wouldnt that mean the lease is broken? or are you just moving out temporaily

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Break a rent lease without penalty?

3 Answers