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Breaking sublease, claiming uninhabitability

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quincy

Senior Member
Inhabitable and habitable mean the same thing. Like flammable and inflammable.

in·hab·it·a·ble
inˈhabədəb(ə)l/
adjective

  1. suitable to live in; habitable.
    "soon we will run out of inhabitable space on the planet"
Oops. Right you are. I read it as uninhabitable (and even erred in writing it) each time. Dumb. I corrected it to reflect what I meant.
 
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watership

Member
Thanks, everyone, for your input.

I do have email exchange with the tenant in which they admit they had to prop windows up. Would that be some proof?
 

quincy

Senior Member
Thanks, everyone, for your input.

I do have email exchange with the tenant in which they admit they had to prop windows up. Would that be some proof?
It is better than nothing, I suppose, but propped windows are not the same as sealed windows. The windows can still be used for ventilation and in the event of a fire.
 

HRZ

Senior Member
I read it in context that master tenant made but 1 email attemp to management to fix it.

I agree with others IF subtenant made but one or even two requests to master tenant to fix it , and then OP is on inadaquate footing to have bailed out. The starting issue is how well the OP put master tenant on notice of the problem .

Some of this depends on just how pro tenant the local bench may be ...IF master tenant clearly knew of the problem and admits to same or OP demonstrates same and master tenant did nothing but email management 1x ..it maybe a bad day for master tenant in court
 

HRZ

Senior Member
The code issue probably requires that windows work as intended with cord,chain , springs etc....at least local to me a broken cord is a code problem ...and an window on a stick is an invitation to getting it to drop on you...yes my grandparents first home was design with windows and a notched board but that was about 1840 .
 

watership

Member
Three of the windows had problems with chain and springs.

I notified tenant of the issues which each window, then followed up by text the next two days and reported that nothing had been done. Tenant sent in an email maintenance request. I don't know if any other efforts were made. When I tried to file a housing authority violation this week, I was informed that management is changing the screens today at request from tenant, and that they will not deal with me as a tenant since they have no sublease from me. This is 15 days after my initial complaint. It's also not clear to me what is being done about the insecure/jammed windows.
 

Zigner

Senior Member, Non-Attorney
Three of the windows had problems with chain and springs.

I notified tenant of the issues which each window, then followed up by text the next two days and reported that nothing had been done. Tenant sent in an email maintenance request. I don't know if any other efforts were made. When I tried to file a housing authority violation this week, I was informed that management is changing the screens today at request from tenant, and that they will not deal with me as a tenant since they have no sublease from me. This is 15 days after my initial complaint. It's also not clear to me what is being done about the insecure/jammed windows.
It really doesn't matter - why do you feel you're entitled to any information at this point?
 

quincy

Senior Member
Three of the windows had problems with chain and springs.

I notified tenant of the issues which each window, then followed up by text the next two days and reported that nothing had been done. Tenant sent in an email maintenance request. I don't know if any other efforts were made. When I tried to file a housing authority violation this week, I was informed that management is changing the screens today at request from tenant, and that they will not deal with me as a tenant since they have no sublease from me. This is 15 days after my initial complaint. It's also not clear to me what is being done about the insecure/jammed windows.
Fifteen days to replace windows from complaint to repair is not an unreasonable amount of time. This was not an emergency situation, despite your personal health issue which made it more of a problem for you.

I think you moved out too soon. By breaking your lease as you did, you could find the other tenant/your landlord entitled to rent for the full term of your lease - should she decide to sue you.

Sorry. I am not seeing much defense for you here. But the judge might see the situation differently.
 

HRZ

Senior Member
It's up to the master tenant to get the repairs made promptly ...fixing window chains is not a 15 day job ...and a jammed shut egress window should not take 15 days ....but I tend to agree with others, OP you rushed the situation ..and did not follow the rules ...I think the master tenant is grossly non responsive in implementing a cure if all she did was one email and relied upon management , not aware that in this case it's on her to get it done ...but OP it's up to you to paint the picture ...and a jammed window unless it's a required egress window is not a big priority item ...total lack of fresh air..might be ....real borderline call.
 

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