Breaking the Lease

[Jim Carson]

Hi,
We're about 17 months into a 2 year lease on a condo. After moving in, we found that the windows are very difficult to open - I think from the condo settling and causing the windows to bind against the window frame. The windows all open, but are usually pretty difficult to operate - my wife is unable to open or close any of them. To make matters worse, the window blinds (cheap plastic blinds that I believe were installed by the builder probably 15 years ago) are also very difficult to close, which makes it more difficult to deal with the windows.

We met with the landlord today, and explained that last year we "lived with" the windows, but were fairly miserable struggling with opening and closing them during the hot summer months in Michigan. We had noted that the windows and blinds didn't operate very well on our initial Issue Checklist form after we moved in, but didn't complain at eh time.

We decided that we don't want to live here through another summer under these circumstances, and I notified the landlord of that this winter. He said he'd address it in the spring. Today, he's admitted that there's really nothing he can do (he cannot afford to replace the windows) about it, but insists that, since we signed a lease, and didn't complain last year, that we're obligated to continue to pay rent until lease end. He also makes the point that they do open - but ignores the fact that it's so difficult to do so that my wife can't do so.

We contend that, regardless of whether we complained last year, we're complaining now. Our contention is that we have a reasonable expectation that the windows should operate in such a manner that anyone should be able to open/close them. Since my wife cannot - and she is in good health and with normal strength for a woman of 57 - we feel that the condition of the windows warrants repair.

Since we know they cannot afford to do that, we've asked that they allow us to break the lease and move to an apartment (timing to be determined depending on availability). The Landlord is adamant that since we signed the lease, we're obligated to pay to the end regardless of the window situation.

Sorry to be so long-winded, but here's the crux of the matter - under these circumstances, are we entitled to break the lease and move?

Thanks for your input!

-jim