Hi fantastic people.
I had a big leak during heavy rainfall a few months ago in my apartment. It was supposedly fixed but had the same issue after a week which was "fixed" again.
We had a heavy rainfall today as well and boom another leak from the same place.
Given the situation, can I ask for early termination of the lease without penalty. I don't want to be worried about a leak every time it rains.
OPs problem sounds more like something that should be under general lease law stuff. I doubt the contract is going to spell out what happens if the landlord doesn't fix particular problems in time.
Yeah, you could be right.
It'll be a comical moment, if OPs arms themselves with OzB "ammo", and goes to the landlord or REA, telling them I could break my lease early because OzB people said I can…
Are you questioning the power that WE posses ?!?
Can i ask for early lease termination
Yes, you can ask…
Thanks for granting the permission Mr jv.
Nobody knows for sure.
We'll, I mean, jv's not wrong.
OP asked if they can ask for early lease termination; and they can.
I think if you bring up you're terminating the lease they'll actually get a qualified roofer to fix it and not a useless plumber
Is it uninhabitable? That would be a lease ending event. Just a leak is a maintenance request - apartments and houses have maintenance issues fact of life.
An unfixable leak would be uninhabitable. That's what the argument would be, that they have had repeated opportunity and unable to fix it, therefore its uninhabitable.
I'm not saying that's the case here, but at least the line of logic you'd follow to suggest getting out.
Send forma letter requesting repair with 14 days.
if not repaired: Send Agent "Breach of Duty Notice" this gives them 14 days to correct issue (can be found online via your local tenancy board/union etc)
If after sending the breach the repair is not competed you can request the matter be taken to your local XCAT
If it ends up in XCAT you can request release from the lease and you will most likely get it.
Do that, follow the bouncing ball to avoid yourself getting some funny entries/comments on TICA.
The problems gonna be the landlord/agent done everything they can and it's strata being strata (i.e. typically useless).
The LL/RA will send someone asap to inspect and "fix" the problem.
This will be done within the 14 days, so they will say they have honoured the conditions.
…wether its actually fixed or not is a different matter!
The OP will have to take a day off, stay home during the repairs, and do a thorough test to make sure they are, in-fact, acceptable. Not sure how they would do that, maybe by sticking the garden hose up there and letting it go full blast to ensure it is properly sealed up.
Who knows, they might find the hole has been plugged up, only to discover a new one XD
But why would the LL/REA send someone there when they're already paying a strata fee that supposed to sort these things out when it happens?
I suppose if OP wants to get out of there quick smart, pray for some black moulds to start growing soon.
@mini2: Because REA/LL know the system.
If they are recorded to be in breach of duty, they know they have put themselves at risk for Early Termination. They would rather pay out of pocket to ensure the problem is fixed for the current and future tenants. Then they could chase up compensation from strata, or see this as a business expense for their investment property.
looking at is not enough when you send a BOD
It must be 100% rectified
LL/REA also know that failure to rectify within the 14 days… risks rent going in a trust until its fixed or as you said tenant seeks and gets released from their lease
"Breach of Duty Notice" is the magic word when dealing with REA, it will get the issue sorted quickly. If you are wanting to break lease regardless of the roof leak it may be better an informal phone call mentioning that you are considering issuing a breach since it hadn't been fixed correctly. If you are lucky they may just try and get you out and hope their next tenant is less prepared to exercise their rights.
Ive come across apartment blocks that require the entire roof to be replaced. Sometimes ad hoc repairs cannot fix a crap roof..
Make sure you check if there's any sign of mold (which is a health and safety risk and a serious case can lead to the premises being deemed uninhabitable).
What does your lease T&C say?