My jurisdiction is: Kentucky
For the past two years I've been staying in an apartment, which was not up to code. The issue is that the two bedrooms were windowless and lacked sprinklers. The Code Enforcement Officer gave us a 15 day move out notice, during which time the landlord could have in principle tried to install the sprinklers. Instead they have opted to break the lease, and force us to vacate with a mere 2 week notice.
The lease that we signed was meant to expire at the end of May 2010. The apartment in question is two stories, and 4 people are on the lease, although only two of us are being forced to vacate (the other two live upstairs, and do not have the same safety issues). The landlord has offered my wife and I a 2 bedroom and 2 bathroom apartment for half the price of the current total rent for the apartment that has been condemned (this would be well below market value for such an apartment). They have also stated that I am completely released from the lease, which I assume is required, since the location the lease referred to is now considered "unfit for human habitation". My question is, what am I entitled to from the apartment complex? This clearly has caused me and my wife a lot of stress due to their negligence (which they have tried to defend by saying "We didn't know", thus proving the notion they were negligent), and, of course, the cost of moving is non-trivial. Moreover, the fact that my bargaining position is so disadvantaged due to the time constraints that their negligence has put upon me seems like it will cost me some amount of money.
I have no interest in continuing to live at a location that has acted in such a careless way towards my and my wife's safety. Does their offer release them in some way from any possible consequences to their breaking the lease I signed with them? I have not signed anything with them, and have not yet paid this months (pro-rated) rent which amounts to $355. Am I within my rights to not pay the pro-rated rent for this month? Would I be settling for far too little if that were my only response?
I appreciate any advice that people have.
For the past two years I've been staying in an apartment, which was not up to code. The issue is that the two bedrooms were windowless and lacked sprinklers. The Code Enforcement Officer gave us a 15 day move out notice, during which time the landlord could have in principle tried to install the sprinklers. Instead they have opted to break the lease, and force us to vacate with a mere 2 week notice.
The lease that we signed was meant to expire at the end of May 2010. The apartment in question is two stories, and 4 people are on the lease, although only two of us are being forced to vacate (the other two live upstairs, and do not have the same safety issues). The landlord has offered my wife and I a 2 bedroom and 2 bathroom apartment for half the price of the current total rent for the apartment that has been condemned (this would be well below market value for such an apartment). They have also stated that I am completely released from the lease, which I assume is required, since the location the lease referred to is now considered "unfit for human habitation". My question is, what am I entitled to from the apartment complex? This clearly has caused me and my wife a lot of stress due to their negligence (which they have tried to defend by saying "We didn't know", thus proving the notion they were negligent), and, of course, the cost of moving is non-trivial. Moreover, the fact that my bargaining position is so disadvantaged due to the time constraints that their negligence has put upon me seems like it will cost me some amount of money.
I have no interest in continuing to live at a location that has acted in such a careless way towards my and my wife's safety. Does their offer release them in some way from any possible consequences to their breaking the lease I signed with them? I have not signed anything with them, and have not yet paid this months (pro-rated) rent which amounts to $355. Am I within my rights to not pay the pro-rated rent for this month? Would I be settling for far too little if that were my only response?
I appreciate any advice that people have.
