am i break my lease penalty free?

am i break my lease penalty free?

i am in a back and forth discussion with my property manager and I want to send this email to her. I need advice on if this is appropriate or if I have the position to send this? I have been waiting to receive an update from you or legal regarding my lease termination request. You previously indicated I would receive a response on Monday, yet it is now Tuesday, and I remain without an answer. This continued delay is part of a larger pattern of inadequate and untimely responses to serious habitability concerns, further underscoring the need for immediate confirmation of the next steps. This email serves as formal clarification and follow-up to my previous message on [REDACTED], in which I stated that we would be leaving. To be clear, this is not a voluntary move but a lease termination due to severe habitability violations, including 53 days without hot water and repeated heating failures that resulted in unsafe living conditions. • For 53 days, we were without hot water, despite multiple requests for resolution. The issue was only addressed after I began calling daily in January—28 days after intensified follow-ups. This prolonged disruption of an essential service was entirely unacceptable and a clear breach of the implied warranty of habitability. • Regarding your explanation of the boiler system, I understand that it operates on a thermostat, cycling on and off based on a preset temperature controlled by management. However, this does not explain why my unit reached unsafe temperatures. A properly functioning heating system should never allow extreme indoor cold conditions, particularly at night. • When I reported heating failures, I was repeatedly told they were due to repairs, then later that the system was on a preset timer. Both explanations demonstrate either an inability to maintain a reliable heating system or an unwillingness to make necessary adjustments to prevent extreme cold conditions. • You have now confirmed that the boiler experienced outages during this period. If management was aware of mechanical failures affecting the building’s heat, why weren’t tenants notified? The only communication I received was a notice to keep water dripping—but nothing regarding heat loss, repair timelines, or necessary precautions. If management was aware of these outages, there was a clear obligation to inform tenants and provide alternative solutions. If management was unaware, why wasn’t I notified when repairs were taking place? Even during an extreme weather event, there was no effort from management to communicate or provide alternative solutions. This is not a question of whether the heating system was functioning "as designed" but whether it was managed in a way that ensured safe and livable conditions—which it did not. Since you are my only point of contact, I expect you to escalate this request to the appropriate decision-makers immediately. I am also sending a certified letter with this formal notice to ensure proper legal documentation. Please confirm the correct mailing address for official correspondence. If I do not receive written confirmation of our penalty-free lease termination by February 7, 2025, I will have no choice but to escalate this matter further. This matter has already been delayed far too long, and I expect it to be resolved immediately. Please confirm in writing that our lease has been terminated without penalty.

[FILE UPLOAD]

I did not send this email yet. it's just a draft

I uploaded our emails from the time that this started. I can give you any more context needed from my end

I ultimately want it in writing that we are not financially responsile for the rest of the term of our lease.

yes to your question. I would like to know my rights. I would like to know, if this escalated, that i'm coming from a position of strength.

I can try to give you as much context as possible

We've lived here since 2021 we were happy. They sold the building everything was still OK. We started experiencing problems in the building and in the unit but we were trying to be patient because we hadn't normally experienced any issues. It started to become excessive so then we started reaching out more often and over the course of over a month it’s been as I outlined in that first email.

In between waiting we did inquire about them having a 2 bedroom and trying to move into a bigger unit because we have a growing child but that was when we still were confident that they would fix the issues in a timely manner it got to the point where the issues were repeated and prolonged and we lost faith in the situation being something that could be sustainable and safe so we decided to start looking for places to move.

ok. I just saw it. wow

so in short we are not legally compliant if we move

They are allowed to leave issues like hot water unrepaired and we are only able to fix them and deduct from the rent or just wait on them to be fixed? this includes emergency maintenance like heat and hot water? how would we reasonably fix our hot water when we don't have access the area that supplies it. how would we fix the heat if we on;t have access to the boiler.

The property manager offered a 2 month breakage penatly. We just paid february rent and are still here in the unit but in the process of moving this week. I countered the 2 month breakage by saying I expect to have a penatly free decison. What are your thoughts on this?

Do you think I should go back to try to get the two-month breakage in writing and signed as soon as possible or do you think I can keep pushing for a penalty free decision?

Dolan, I'm not sure if I'm still getting you, because I wasn't seeing your responses if i didn't refresh the page. I'm just trying to confirm that we are still able to chat or if I'm having some techincal issue.

Can you draft a recommned response to the last email our property manager sent? Or are you not able to counsel me in that way?

if I recieved written agreement to terminate could you advise me on if it was legally binding or help negotiate through the process?