My fiance passed away in our apartment almost two weeks ago. A hazmat crew has to come in and sterilize everything and strip all the flooring; then it all has to be replaced (due to bodily fluids). I haven't been able to live in my apt since he passed and I can't stay there until cleaning and floor replacement is complete (+/-month). Can I break my lease without penalty since I am literally unable to live there? My kids and I have no where else to really go.
Unfortunately, probably not. Have an attorney look over your lease and make sure and talk to the landlord about your situation, the landlord might be sympathetic and wiling to work something out with you,
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You might check provisions of your lease agreement for a potential release from the lease without paying penalties (due to this unfortunate event or the other reasons). Also, try to work out it with your landlord and perhaps you will be able to make an agreement about that.
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I am sorry for your loss. Your landlord has a duty to provide fit and habitable premises. Sounds like they are not presently habitable and you should be given a rent concession during the period of uninhabitability. The landlord should be entitled to a reasonable period of time to correct the condition. I would certainly talk to the landlord about letting you out of the lease given the circumstances. What is the term of your lease? When does it expire?
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