We have a one year lease on a DC apartment with six months left on the
lease. While we were away last weekend, a heating system leak filled
our apartment with steam for at least 12 hours, rendering it unlivable
(unlivability is not in question the management has said that we
cannot stay in the apartment even if we wanted to). We are currently
staying in a hotel room that is being payed for by the building
management company.
The management company would like us to live in the hotel while the
complete renovations on a comperable apartment in the building, and
then have us move into that apartment for the six months remaining on
our lease. (they say completion of the renevations will take about
a week.) We would like to move out of the building entirely and find
a new apartment with another landlord, but have not mentioned this to
our current landlords so as not to aggrivate the situation.
Essentially, we would like to know if we are still obligated to honor
the lease for the remaining six months, or if this event breaks the
lease?
Less importantly, we would also like to know if we are obligated to
pay rent for the time living in the hotel.
If it makes a difference, the steam leak appears to have been caused
by a faulty renovation prior to our moving into the apartment: When
the kitchen was retiled, a radiator was removed, and apparently the
open steam pipe was tiled over uncapped. The only thing preventing
steam from filling the apartment once the heat was turned on was the
tile directly over the steam pipe, which apparently popped off last
weekend. |
Request for Question Clarification by
pafalafa-ga
on
30 Dec 2004 14:51 PST
Hello maceyhw-ga,
I'm a DC resident myself (Tenleytown), and I happen to have access to
Title 14 of the DC Municipal Regulations which cover housing.
Like so many legal questions, the regulations are a bit ambiguous in
terms of your particular situation.
A lease can certainly be voided by the presence of an unlivable
situation such as you describe. On the other hand, landlords are
given a "reasonable" amount of time to correct violations of the
regulations, before the lease would come into question.
If you want, I can point you to online sources of the regulations, and
pull out the relevant sections for you to review. However, I think
you'll probably come to the same conclusion that I have -- you have a
case, but not a slam dunk.
If you choose to the break the lease -- and the landlord chooses to
challenge you -- the powers that be might ultimately find in your
favor...but there's certainly no guarantee.
So, let me know if the details of the relevant regulations -- and some
modest commentary from me -- would serve as an answer to your
question...and best of luck with your situation, and in the new year
to come.
pafalafa-ga
|
