I recently broke my lease with two months remaining. I gave 2 months notice to the landlord and he declined my offer to enlsit a real estate agent to find a new tenant. The landlord decided to renovate the apartment. I took this as releasing my obligation of the last two months rent. The landlord asked for the last two months rent after our move out and returing of the keys. He is expecteing us to pay rent on a unit that he his renovating and we have no access to. Is this legal? I would think that the condition of the lease is that the renter has access to the unit...When I mentioned to the landlord I would pay the two months if I can have the keys back and move back in. He mentioned I cannot move in as renovations have started
Divorce / Separation Lawyer
In order for him to collect rent you would need to have access to the unit. As he declined your proposed modification you maintain your interest in the property until the lease expires and if he let it sit vacant then you could be liable for missed rent. However if his actions have made the unit uninhabitable you should be in the clear as he would have violated his duty to you as a tenant.
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Employment / Labor Attorney
Generally you are correct. You cannot be held liable for rent for an apartment which is not habitable.
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