Can I get out of my lease if my landlord hasn't paid association dues?

I really want to move 2 months earlier than my lease states. I just found out my landlord owes almost a year's worth of association dues to our neighborhood. The claim has gone to an attorney. The cost of the dues was included in my rent. Am I justified in leaving since he really broke the contract (in my opinion)?

Can I get out of my lease if my landlord hasn't paid association dues?
You may break the lease at any time you want. The remaining question is whether you would owe damages if you chose to do so. Here, the landlord's failure to pay homeowner dues is not a defense for you to break the contract, period.





However, you can give the landlord the notice required in the lease, or, if there is no notice stated in the lease, a court will imply a reasonable time to give notice. Thirty days is customary in the business and that will be reasonable notice in your situation most likely.





At this point, if you give such WRITTEN NOTICE, the landlord will have to try to minimize his own damages and place ads for another tennant, etc. If he gets another tennant, at the same rent you were paying, you're off the hook except for such things as incidental costs such as placing the ad etc.





Of course all this assumes that you leave the place as you found it except for reasobale wear and tear. If the landlord has to go into your unit and paint, recarpet and fix broken windows, well, you were only looking at getting out 2 months (or 60 days) early. It may take the landlord that much time to repair and renevate the unit.





One more aspect to consider is that the landlord may elect to keep your deposit as damages for the breaking of the lease despite your best efforts to do what you legally may. If you have to litigate this issue, it can be costly, time consuming and a great big headache. If there are attorney fees available for one party in the lease, those same fees are available, by law, to either prevailing party despite lack of such words or words to the contrary in the contract.





I have given you a pretty good picture of the issues you'll be facing. The choice is your's.
Reply:Unfortunately, this really depends on the wording


of the lease.





If the dues would have come from you and he is


providing the payment as a service which is stated


in the lease, you might be able to argue that one


of the principle clauses of the lease was not


being held to, and perhaps have cause to sue


him. It is not likely that it would get you out of the


lease.





If the dues aren't mentioned in the lease, then


although it might be annoying, it doesn't have anything


to do with you.





In short, a contract means what it says it means,


not what you think it should mean. What does it SAY?
Reply:Nope! Not at all. Infact, there's nothing you can do concerning his payment of those dues. Quite frankly, you can probably get out of the lease pretty easily. Just give appropriate notice (which will be stated in your lease). It's usually 30 days. LOOK AT YOUR LEASE.
Reply:your opinion is not legal...you owe and are required to pay what you agreed to..and "signed"......end of conversation...good luck
Reply:He didn't break a contract with you, so no. If it was in your contract that he had to pay the dues or you could break the lease then yes but I have never seen this.





I am also unsure as to how you are paying the dues...it is not your responsibility and not legal in most states...unless you knew about it in advance, it is in the lease and the law allows it. You should contact an attorney to see if you have to pay the dues....but it is unlikely you can break the lease.