Legal Question in Real Estate Law in Alaska
breaking a lease
I moved into an apt. with a 9 month agreement.Was told before I signed,parking was not assigned But, I would NEVER be without a space.Every night I have to park 5 blocks away, up a hill, there is never parking after 9 pm. I can't walk this far,have knees at 45% disability rating.Was told the items in our apt that were not up to standard would be promptly fixed if we wrote a list.Gave it 3 days later.A door leading outside did not close.A leaky tub(we pay for water).No closet doors. etc. these took over 2 months to fix. most weren't fixed at all! I called with a major gas leak, putting me in danger.Asked that someone turn it off until the gas co.came. Took over 1/2 hour(the maintainence person is on site)they got here the same time the gas co.did. He told me the leak was very dangerous and could blow up my apt. my heater was not up to standard.I feel unsafe here. Thay are not living up to their side of the agreement.I was given a form when I signed the lease saying I could only break it by paying $1,000.00 Is there any way I can get out of it?
1 Answer from Attorneys
Re: breaking a lease
Your inquiry lists both California and Alaska as jurisdictions. Only the state where the apartment is located would have jurisdiction over this case, and its law would govern exclusively. Landlord-tenant law tends to differ substantially from state to state.
IF your apartment is in Alaska, Alaska law provides that a tenant may give the landlord written notice of defects or other violations of the landlord's duties, and the landlord then has ten days to "cure", or correct the problem. If the problem is not corrected within the ten days, the tenant may, if the written notice so states, elect to terminate the rental agreement after an additional ten days. This type of termination would not trigger any penalty clause in a lease, since it is a statutory right based on the landlord's breach.
If the defect involves an essential service (i.e., heat water, sewer, electric) the tenant may give written notice that if the defect is not repaired within a reasonable time, the tenant will have it repaired and deduct the cost of the repairs from the next months rent. Obviously, what constitutes a "reasonable time" will vary with the nature of the problem.
Another choice always available to a dissatisfied tenant is to sue the landlord for damages for breach of the lease, although it may not be practical in every case.
Under certain extreme circumstances, the tenant may even withhold rent or move into substitute housing at the landlord's expense, however those are high-risk remedies which should only be used after detailed consultation with an attorney.
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