Legal Question in Real Estate Law in Idaho
Breaking a lease
I recently signed a lease for 9 months for a small home. I have lived there less than a month and already have had to fix the shower, towel rack, door handles, the main water line constantly floods as our washer drains, the dryer vent is so clogged with lint our dryer barely dries anything. I have had a plumber come out twice but continue to have problems with flooding. It is also a few houses down from a bar that constantly plays loud music with bass that rattles our windows and keeps me up to as late as 2:30AM. The police will do nothing rather than tell the bar to turn it down and the music is loud the next evening. Is there any way I can break the lease with out the agency sueing for rent due till April? The lease only states I need give 30 days of notice with a loss of my security deposit.
1 Answer from Attorneys
Re: Breaking a lease
Usually your lease requires your landlord, not you to fix the problems that you are experiencing with the house. You can file a court action according to Idaho Code section 6-320 to force the landlord to fix the problems within 3 days after your written notice is served on them or they will be liable to you for the damages. Section (a)(2) of that statute states that a tenant may require the landlord to maintain in good wirking order electrical, plumbing, heating, ventiliatin, cooling or sanitary facilities supplied by the landlord. You can send the landlord a 3 day notice to repair and if he doesn't, you can sue for any damages suffered.
2) If you signed a fixed term lease, then the only way to get out of the lease is to use the method you agreed to in the lease.
3) nothing you can do about the music from the bar probably, even tho the landlord is required to provide you with an implied warranty of habitability and quiet enjoyment of the leased premises. See Idaho Sup Ct Case Stevens v. Fleming, at 106 Idaho 249, a 1989 case.
I'd make the landlord fix the problems and I'd send a 3 day notice for him to fix the problems or you'll go to court to get damages. This tenant rights statute is a pretty good one.
If you want me to represent you, I charge $120/hour and I require a retainer fee up front but I can work with you on it. Telephone:208-345-3817
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