Did the landlord terminate the lease by not having the apartment ready for me to move in?
Full Question:
Answer:
You may have grounds for termination of the lease for breach of the warranty of habitability
In general, a warranty of habitability requires landlords to maintain safe and sanitary housing fit for human habitation. The warranty of provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. "Habitability," for purposes of a landlord's warranty of habitability is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.
This warranty is implied into all leases and generally requires the landlord to deliver livable quarters at the tenancy's inception and to maintain the premises in a habitable condition throughout the term, and conditions the tenant's covenant to pay rent on the habitable condition of the premises. A landlord is required to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. To constitute a breach of the warranty, the defect complained of must be shown to be of a nature and kind which will prevent the use of the dwelling for its intended purpose to provide premises fit for habitation by its dwellers.
The warranty of habitability is not intended to make the landlord a guarantor of every amenity customarily rendered in the landlord-tenant relationship, but only provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. "Habitability," for purposes of a landlord's warranty of habitability is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.
Factors to be considered in determining whether a condition or defect constitutes an actionable breach of the warranty include:
(1) whether the condition violates a housing law, regulation, or ordinance;
(2) the nature and seriousness of the defect;
(3) the effect of the defect on safety and sanitation;
(4) the length of time the condition has persisted; and
(5) the age of the structure.
A condition which may endanger or materially impair the health or safety and well-being of an occupant is sufficient to violate the warranty of habitability Factors aiding a court's determination of the materiality of a landlord's alleged breach of a residential lease include:
(1) the seriousness of the claimed defects and their effect on the dwelling's habitability
(2) the length of time the defects persist,
(3) whether the landlord received written or oral notice of the defects,
(4) whether the residence could be made habitable within a reasonable time, and
(5) whether the defects resulted from abnormal conduct or use by the tenant.
Additionally, to assert a breach of the implied warranty of habitability except where otherwise provided by statute, the tenant must prove that he or she gave notice to the landlord of the defect or condition, that the landlord had a reasonable opportunity to make the necessary repairs, and that he or she failed to do so.
A landlord's failure to comply with the applicable housing code regulations, a building code, or a sanitary code can result in a breach of the warranty of habitability
In the absence of an agreement to the contrary, the landlord is under no duty to the tenant to improve the demised premises. Under this rule, an improvement is considered to be a change in the original construction or installation in order to incorporate advancements in design. An improvement changes, supposedly for the better, the original condition of the leased premises.
An unjustifiable failure to perform all or some part of a contractual duty is a breach of contract. A legal action for breach of contract arises when at least one party's performance does not live up to the terms of the contract and causes the other party to suffer economic damage or other types of measurable injury. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. The five basic remedies for breach of contract include the following: money damages, restitution, rescission, reformation, and specific performance. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. Parties injured by a breach are entitled to the benefit of the bargain they entered, or the net gain that would have accrued but for the breach. The type of breach governs the extent of damages that may be recovered.
Restitution is a remedy designed to restore the injured party to the position occupied prior to the formation of the contract. Parties seeking restitution may not request to be compensated for lost profits or other earnings caused by a breach. Instead, restitution aims at returning to the plaintiff any money or property given to the defendant under the contract.
Please see the following Missouri statute to determine applicability:
441.234. Tenant may deduct cost of repair of rental premises from rent,
when — limitations. —
1. The provisions of this section shall apply only to a tenant who has
lawfully resided on the rental premises for six consecutive months, has
paid all rent and charges due the landlord during that time, and did not
during that time receive any written notice from the landlord of any
violation of any lease provision or house rule, which violation was not
subsequently cured.
2. If there exists a condition on residential premises which
detrimentally affects the habitability, sanitation or security of the
premises, and the condition constitutes a violation of a local municipal
housing or building code, and the reasonable cost to correct the
condition is less than three hundred dollars, or one-half of the periodic
rent, whichever is greater, provided that the cost may not exceed one
month's rent, the tenant may notify the landlord of the tenant's
intention to correct the condition at the landlord's expense. If the
landlord fails to correct the condition within fourteen days after being
notified by the tenant in writing or as promptly as required in case of
an emergency, the tenant may cause the work to be done in a workmanlike
manner and, after submitting to the landlord an itemized statement,
including receipts, deduct from the rent the actual and reasonable cost
of the work, as documented by the receipts, not exceeding the amount
specified in this subsection; provided, however, if the landlord provides
to the tenant within said notice period a written statement disputing the
necessity of the repair, then the tenant may not deduct the cost of the
repair from the rent without securing, before the repair is performed, a
written certification from the local municipality or government entity
that the condition requiring repair constitutes a violation of local
municipal housing or building code. In the event of such certification,
the tenant may cause the work to be done as described herein if the
landlord fails to correct the condition within fourteen days after the
date of said certification or the date of the notice from the tenant,
whichever is later, or as promptly as required in case of an emergency.
The tenant's remedy provided herein is not exclusive of any other
remedies which may be available to the tenant under the law. No lease
agreement shall contain a waiver of the rights described in this
section.
3. A tenant may not repair at the landlord's expense if the condition was
caused by the deliberate or negligent act or omission of the tenant, a
member of the tenant's family, or other person on the premises with
tenant's consent. A tenant may not deduct in the aggregate more than the
amount of one month's rent during any twelve-month period.