I bought a house and am trying to get out of my lease that doesn't end until July. I am moving in April. The landlord said he woUps try and rent out the apartment so I wouldn't be stuck with the bill. They posted an add but it had been a month and I started to realize they aren't calling anyone back. They won't even call people I sent them from my own ad. Also also woke up last April with my ceiling leaking. They did not fix the roof until November and my ceiling until this past February. I was unable to sleep in my room because it was unsafe. Is there anyway I can sue for not being able to use my bedroom for almost a year?
With regard to the rent, you can ask for a proportional reduction given the damage to the property. If it prevented you from using a portion of the property, but you stayed nevertheless, it would be a reduction based on the amount of space that was not usable for you during that time.
Unfortunately I think you do not have much recourse with regard to the re-renting of the property.
Speak to a local attorney and they may be able to give you alternative options.
I agree. There is a common law principal of constructive eviction that allows you to not pay rent in proportion to the percentage of your property that you are by no fault of your own, "constructively evicted" from. In your case, if your bedroom is one-quarter of your apartment space, you could deduct one-quarter from your rental payment. Now, this does not always go over well with the landlord. You should be prepared to defend this in court. Photographs, copies of letters to the landlord memorializing your complaints would help your case if push comes to shove before a District Justice.
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