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If I move out of my apartment now would it be considered breaking my lease?

Indianapolis, IN |

My landlord didn't fix the furnace for three weeks. We gave him a 48 hour notice that he had until the 21st of February to fix it or we were moving out. He fixed it on the 23rd. Because he did not fix it in time we went looked at places to live and found a place. We set up a time to move and even put down a deposit. Can I still move out based on his breach of contract or would it now be me considered to be breaking the lease?

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Attorney answers 1



Your LL's failure to perform his duties may be grounds for you to sue him for breach of contract, damages, rent abatement on several legal theories. If you move out now, the LL may be able to sue YOU for breach of contract. The issues you had MAY be seen by the court as mitigating factors and MAY offset the LL's claim. Maybe not. If not, then you would lose to the LL in court, and if money is tight, you risk losing your second place.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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