If landlord broke a term of our lease, is the contract void?

Our landlord agreed to replace the carpets; it is a term in the lease agreement we both signed. When we picked up the keys, a day before we were set to move in, we were notified that it was not done but that the landlord would do it within the month or our lease could be void. We moved into the house because we had to at that point, we had no other place to live. Six months later we moved out and would like to know if the lease can be voided due to the owner breaking the terms, or are we still contractually obligated to pay the remaining lease term? We have email correspondence from the property management company stating the lease could be voided due to this, but now they are saying they didn't mean that and we owe them the rest of the lease term.

West Chester, OH -

Attorney Answers (2)

Michael J. Caticchio

Michael J. Caticchio

Real Estate Attorney - Cleveland, OH
Answered

If you have an email thread showing the back and forth between you and management then you have an excellent defense to any lawsuit
However "could be voided" is not the same as voided
Did you declare the lease void per that email and then move out immediately
You need a consultation with a good local real estate attorney if management attempts any collection

R. Russell O'Rourke

R. Russell O'Rourke

Construction / Development Lawyer - Cleveland, OH
Answered

I agree with Michael. You need to find a good landlord/tenant lawyer in your area. Either check Avvo or your local bar association. The issue isn't as clear cut as you would like to think that it is. Does the lease require the landlord to replace the carpeting? Does it say that you can terminate the lease if he or she doesn't? What do your emails and other correspondence say?

You will need to take ALL of your materials to a lawyer who can discuss the matter with you based on the documents and give you a better answer.

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.