All Forum Posts by: Jim Carson

Thanks for the comments, Greg. I would, in fact, like to move out now. However, I want to do what's right, too.

We actually did not know the windows were this hard to operate when we signed the lease. We didn't realize they were that bad until we went through the condo a few weeks later and documented the issues.

However, you don't sound like you'd ignore one of your tenants if they couldn't open and close the windows in one of your units. Especially considering the hassle of dealing with heat during the summer months. Still seems to me that this is a condition the landlord should be obligated to address.

Thanks,
-jim

Michael - the Landlord feels that, since the windows can be opened (with a good deal of effort, and not by my wife), that we need to live with it whether he repairs them or not.

His foremost concern is not to lose rent payments.

Thx,
-jim

Thanks for the replies. Let me ask, though - isn't the landlord obligated to make repairs? Shouldn't the landlord be obligated to repair windows that cannot be opened or closed by a normal person, or replace or repair blinds that don't work? And if so, and he refuses - do I not have rights as the tenant to terminate the lease and move?

If I don't have the right to expect the landlord to fix windows that my wife can't even open or close, what rights do I have? Sounds like you're saying that if the landlord refuses to make repairs, I have no recourse but to live with it ...

Thx,
-jim

Hi,

Thanks for the reply. I'm not a landlord, and I'm not a lawyer - maybe I used the wrong terminology. I thought that, since the term of the lease isn't up until October, that it'd be considered "breaking" the lease if we moved out early.

I definitely feel that we have the right to expect the condo to have warranted repairs made, and if not, to move out - regardless of the proper terminology. But I'd appreciate input from some of you that have more experience and expertise to confirm my belief.

Thx,
-jim

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