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So I and two other people have a one-year lease for an apartment, but one person has just upped and left because he has a warrant out for his arrest. We got another person moved in to help pay the rent (but this person was not put on the lease).
The thing is that the apartment has been having lots of issues. The floor is rising, and parts of the floor has already broken through and the floor wood is perpendicular to the floor so that you can see the mold underneath it, though I don't know if that stuff is actually mold or not.
Water leaks from the walls and ceilings, and I have pictures of all of this. During the hurricane this past weekend, our apartment was almost flooded by all the water pouring into all the rooms in the apartment.
Is it possible to get our lease voided and get our deposit returned under these circumstances of unlivable conditions if the landlord is refusing to take any action? I've spoken to him and he keeps saying he'll fix everything, but he's never followed through.
If the apartment can be deemed to be unliveable (and it sounds like you have a good case) you certainly can cancel the lease with appropriate notice to the landlord. Be prepared for him to take you to housing court, though.
keep records of all the damages, send the pics to HPD and then yes send a certified letter stating that your landlord has not abided by his duty in the lease to keep the apartment livable. they can try taking you to court but it probably will not be worth it for them.
Another related question: If only one person on the lease wants to void their part of the lease, would this be possible? Or would all the people on the lease collectively have to agree to voiding the lease entirely
THe two people are responsible "joint and severable" so the landlord can claim damages from either or both for the full amount.
So if one person moves out, the landlord will hold the remaining person responsible for rent but can also sue the person who moved out. Practically speaking if one remains he will keep the apartment and the person who wants to leave will leave.
"Voiding the lease" basically means both moving out or ceasing to pay rent. Then the landlord will either sue either or both or make repairs. If you go either route, keep the rent in escrow so you can pay it if ordered.
Okay, but the landlord has been saying he was going to make repairs for 2 months and has not acted on it. If there are three people on the lease and one person decides to void his lease, all parties can be penalized because the landlord won't fix the apartment? This is so unfair. We also put down two months worth for the security deposit and the landlord will probably refuse to return that if he doesn't repair anything and one person moves out.
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