Legal Question in Real Estate Law in Minnesota

Breaking your lease

I signed a 12 month lease on a house and our sewer recently backed up. The landlord sucked up all the water in the basement and put some fans down there. However, the landlord is not willing to rip out the carpet and have it professionally cleaned. Can we legally move out and break our lease without any penalties? If so, do we have to give 60 days notice or can we move out immediately.


Asked on 10/09/01, 12:51 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Breaking your lease

Depends on what your lease says.

Most house leases provide that the renters have full responsibility for maintenance of the place during the lease. That would mean that taking care of the sewer backup was your problem.

House leases usually are different from apartment leases in this respect. Usually in an apartment building the landlord is responsible for maintenance.

The landlord may already have done more than he was required to do - but as I said it depends on what the lease says about who is responsible for such things.

Bring your lease to a lawyer who does this kind of work and have it reviewed.

Good luck.

This repsonse is for general information purposes only and does not create an attorney-client relationship.

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Answered on 11/23/01, 11:13 am


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