Legal Question in Real Estate Law in Oklahoma
Can I break my lease due to unsanitary living conditions?
My sister and I and our two children (5& 11) are living in a fly infested duplex. We just signed a 10 month lease Jan 2002, but the past month has been inhumane. There is an enormous amout of biting horse flies in our home. . . This is America and I know I have rights, My children and I can no longer accept this living enviorment no more, I will give a 30 day notice. so my question is can they try to charge me for the remainder of my lease, and could this effect my credit? surely not........... please feel me in on what your opinion is... thanks, Shannon
1 Answer from Attorneys
Re: Can I break my lease due to unsanitary living conditions?
Thanks for your question Shannon. The trend now is for courts to encourage as much contact with the non-custodial parent as possible rather than limiting it. I would doubt that the court would place any obstacles in the way of your ex in exercising his present visitation rights. However, a court might find that modify the visitation to allow the children to continue to engage in a sporting activity which has become a major focus of the childs life. In that case it might be expected that alternative visitation would be given the ex to make up for the lost visitation if he requested it. If the family reunion falls on a holiday that is suppose to be shared or alternating annual visitation I could not foresee the court altering the schedule. If however it is on a scheduled weekend then you might be able to obtain this event as an annual date of non-shared visitation for you, again with an accomodation to the ex to make up for the missed date.