Breaking a lease with a doctors note?

We moved into a flat a few months ago and have since realized the outside stairs (2 flights) are ready to fall off and when we mentioned this to the landlord he said "it is what it is" anyway we also have a small son and I am 6 months pregnant. My mother in law said I can get a doctors note that states that the stairs are too much for me to handle (they are my back is killing me way worse than with my first pregnancy) that we can get out of the lease no problem. There are a few other problems with the apartment that the landlord refuses to fix. My mom said that I should go the tenancy board route and get in writing they wont fix stuff but how do I do that? If i ask them to sign a paper stating they wont fix anything they'll obviously just say no and promise to fix things like they did when we first signed the lease. Also I am hearing that since we signed the lease we were accepting the apartment as is but I know those stairs would not pass a safety inspection, the railing is very low and starting to fall off. If I go the doctors note route how many days notice do I have to give?
These things were supposed to all be fixed. We were niave yes to not get it in writing but that's what you get for trusting people. I was just asking about the note I didn't think it was true and she seemed to be certain so I thought I'd ask here before calling the tennancy board and making an ass out of myself.

3 years ago - 6 answers

Best Answer

Chosen by Asker

Unless your lease says you can break it with a doctor's note, this note is not going to mean squat to your landlord.

If you break your lease outside of whatever provisions are contained in it, there will be financial penalties involved. No free pass for a doctor's note or being pregnant.


3 years ago

Other Answers

You can't "do this with a doctors note" but please level with your landlord and tell him you are having trouble because of your pregnantcy, blame yourself and not him and you will be heard for effectively. It's possible he will let you off the lease. Also please offer to help find a new renter....


by Sugar - 3 years ago

You cannot break your lease without a penalty even with a doctors note. The lease you signed off on is a legally binding agreement and you cannot just walk away from your obligations regardless of any health concerns. You will need to speak with your landlord to find out the penalty. Most landlords require 30-60 days written notice while you continue paying rent. You are then charged 2-3 months rent plus administrative fees in one lump sum as penalty for breaking the lease early. Do you have that much money to throw away?

by Heather - 3 years ago

You can always break a lease, but there are legal and financial consequences for so doing.
And this isn't HS where a doctor's note is a free pass. You will still be BREAKING your lease and responsible for the consequences. READ your agreement.

You need to carefully check out safety of premises PRIOR to signing a lease. LL is right, it is what it is, and you accepted it by signing a lease. It's NOT the LL's fault that you're pregnant and that you have decided you don't want to haul a baby up and down the stairs or are belatedly concerned about the safety. And just because a tenant WANTS something fixed, doesn't mean a LL HAS to fix it.

That said, if it is truly a safety issue, not merely your excuses, put it in writing to LL that you are concerned about safety of the stairs and condition of railing and request that he promptly address the issues.


by chatsplas - 3 years ago

Do you have a clause in your contract that states you can break a lease with a doctor's note? That's not a legitimate reason to break a lease. You're free to continue to pay the rent and move elsewhere.

by Insurance - 3 years ago

No a doctor's note does not void your lease. You sue in court to have the judge void your lease

by someone - 3 years ago