BigVee,
I can see what you are saying. You are basically saying that any agreement , signed between both the parties is nullified by the law. But with my many months of watching Judge Judy's show, is n't it otherwise? Doesn't any written agreement supersede the law? The law comes into effect only if we donot any other agreement to the contrary?
Does this mean that I can take my landlord to the court or Ombud's man. Will there be a payout if I win the case. If there will be a payout, I am ready to take the case to the next step.
Let me state it again. When the management changed, I was not told that all my previous dealings with the other property management were nullified. I was only told that the management changed and that I should forward my rent cheques to a diff. name and address.
However, I am a busy man and if I see that I will have no other financial gain by fighting for this, I am willing to pay 2 months rent to settle this matter (contrary to what I said earlier about principles and all as a result of a sudden burst of adrenalin/blood pressure) and rest the case. However, I will remember this incident and try to retreive this money before I leave Canada.
TK A

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I am a Gents and not a Ladies.

I had a similar experience, however in my original contract it was clearly written that first year of lease you need to give 60 days notice, thereafter 30 days.

I suggest you read the original contract again and see what is written there, even if your property was taken over by someone else. I am sure they are bound by the first contract, as you have not signed any new contract with new termination clause. Meanwhile be ready to get into leagal hassles if you really want to win, I am sure you will provided if it's in the first contract that you signed.

Quote:

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Originally posted by tamilkuravan

BigVee,
But with my many months of watching Judge Judy's show, is n't it otherwise? Doesn't any written agreement supersede the law? The law comes into effect only if we donot any other agreement to the contrary?

TK A

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Quote:

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Originally posted by tamilkuravan

BigVee,
I can see what you are saying. You are basically saying that any agreement , signed between both the parties is nullified by the law. But with my many months of watching Judge Judy's show, is n't it otherwise? Doesn't any written agreement supersede the law? The law comes into effect only if we donot any other agreement to the contrary?

---

Quote:

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Originally posted by tamilkuravan
Does this mean that I can take my landlord to the court or Ombud's man. Will there be a payout if I win the case. If there will be a payout, I am ready to take the case to the next step.
Let me state it again. When the management changed, I was not told that all my previous dealings with the other property management were nullified. I was only told that the management changed and that I should forward my rent cheques to a diff. name and address.
However, I am a busy man and if I see that I will have no other financial gain by fighting for this, I am willing to pay 2 months rent to settle this matter (contrary to what I said earlier about principles and all as a result of a sudden burst of adrenalin/blood pressure) and rest the case. However, I will remember this incident and try to retreive this money before I leave Canada.
TK A

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Big Vee and others :
Thanks for the discussion. None have said that my point was correct and hence in all respects I belive that it is wrong. I just hope that this discussion helped someone like me (who is renting and wants to move out at the end of the lease period) to understand that 60 days notice is required, if we need to move out.
I will update the forum on what the property manager decided.
Thanks once again.
TK A

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I am a Gents and not a Ladies.

Quote:

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Originally posted by tamilkuravan

Big Vee and others :
Thanks for the discussion. None have said that my point was correct and hence in all respects I belive that it is wrong. I just hope that this discussion helped someone like me (who is renting and wants to move out at the end of the lease period) to understand that 60 days notice is required, if we need to move out.
I will update the forum on what the property manager decided.
Thanks once again.
TK A

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Home » Legal Issues » How to Break a Lease
How to Break a LeaseDigg Monday, November 07, 2005
Your apartment at “Buena Vista Village” looks out on a junkyard, is infested with roaches, your next-door neighbors are running a meth lab, your upstairs neighbor is a professional tap-dancer, your carpeting still smells like the urine of the previous tenant’s cats (which she definitely wasn’t allowed to have), your car has been broken into three times in the past month, and there are bullet holes in one wall of the complex that haven’t been covered up in the whole time you’ve been there.
With a living situation like that, you really want to break your lease now, and you now wonder why you ever signed it in the first place. Or maybe your apartment isn’t all that bad, but you recently got transferred to a different state for your job, and you’ve got to get out of Dodge right away in order to keep up your obligations with your company. Whatever your reason, you want to break your lease—even though you may have only a vague idea of what the terms of the lease actually were. In order to get out of your lease in the least painful way possible, you’ll probably need to do a lot of research and documentation and even more persuading. This article will help you with both.
First and foremost, you need to get some legal advice tailored to your individual situation and lease contract. If you don’t have or can’t afford your own lawyer, get in touch with your local legal aid office and contact tenants’ rights organizations. Attorneys can be expensive, but being sued by your landlord for breaking your lease could be much more costly. If you don’t want to pay the rest of the rent that you’ve committed to shell out by signing the lease, you’d better get some sound advice so you don’t end up paying more than you had to in assorted late fees or other conditions stated in obscure parts of your lease. Tenants’ rights organizations are experienced in representing tenants who want to break their lease, and they’ve likely seen almost every situation imaginable—as well as a good number of pretty unimaginable situations.
The legal aid you acquire may tell you there’s not much to be done. You entered into a legal agreement of your own accord, after all, and you knew—or should have taken pains to investigate—the physical condition of the apartment and grounds and the nature of the available amenities before signing the lease. For this reason, claims about noise problems or facilities shortcomings are generally unlikely to work well unless you can thoroughly document the existence and severity of the problems, your attempts to have them resolved, and your landlord’s failure to do so. The vague complaint of “too much noise” is probably useless; you knew (or should have known) the noise level of the apartment complex when you moved in. For example, why move in to a rowdy complex that caters to hard-partying college students if you start work at 5 in the morning? Your landlord is only responsible for providing basic amenities and ensuring your “reasonable enjoyment” of your rental unit. The definition of reasonable varies wildly from person to person, and even if your demands seem reasonable to you, they might not seem so to your landlord—or to a judge in court.
1. Find an easy out
Once you line up some legal resources, investigate the terms your lease to see if there’s any clause that provides you with an opportunity to break lease early. Perhaps you can get out by giving two months’ notice or by finding someone else to rent the place in your stead. These are viable options that you should carefully consider. If your lease itself doesn’t point to any easy outs, the best approach is probably to find something wrong with the apartment that’s impeding your own personal well-being and hasn’t been fixed by your landlord despite repeated and well-documented requests. You’ll need significant documentation of such an issue, of course, so don’t just claim the chipped paint is chipping away at your psyche and head out the door. You might feel saner in another apartment, but you’ll still be paying rent for your old one. Requirements vary by state, but in many situations you’ll need to prove that you repeatedly notified the owner of the apartment (not necessarily the management—be sure you know who to get in touch with) via certified mail with return receipt requested and provided ample time for him or her to fix the situation cited. For this reason, repair issues may not be the best way to get out of your lease fast—you may just end up successfully getting the repairs done instead of successfully getting out of your apartment.
2. Find something wrong
Likewise, if particular amenities were promised to you upon move-in but have never surfaced (or do not work), their absence is only a factor if you can document your landlord’s claims to provide. Your landlord is legally obligated to provide only what’s in the lease; unless the lease promised specific amenities, you’re not likely to get far by complaining about the absence of such features. Landlords are allowed to change their minds; tenants, sadly, are not (not about keeping the lease, at least). Even if you were promised a swimming pool by next summer and they haven’t cleared the ground for one by mid-June, the lack of the pool is only significant if you can prove its presence was guaranteed in a legally binding way. Don’t expect casual conversations to hold up in court—focus instead on obtaining and understanding written agreements from the beginning, rather than after the fact.
Turn on the waterworks—because yours have been turned off
Living without water or heat is a tear-jerking situation for sure. If your apartment complex has been so negligent (perhaps in part due to your sketchy neighbors failing to pay their bills) that the utilities are shut off, you’re home free. Once the lease is broken by one party—the landlord, by failure to provide utilities—it’s breakable by the other party. (Likewise, if you fail to pay rent, the landlord’s obligations to provide safe housing and utilities and respond to your complaints are also out the window—so know what you’re doing when trying to break your lease.) As always, it’s advisable to consult with your legal aid and landlord in this situation so everyone knows that you’re leaving and why.
Beyond finding something wrong with your apartment, you do have other options for breaking lease:
3. Don some fatigues
The easiest way to break lease is may be by signing up for a stint in the military, as landlords are legally required to let you out of your contract early if you’re going into the service. Be aware, though, that you’ll still need to notify your landlord of the situation in advance and possibly pay a month or two of rent before you’re in the clear. If you’re not yet ready to shoulder a rifle, don’t fret; there are still other options to explore.
4. Pay out the nose
While not a desirable way to break your lease, you can probably get out of it by just paying the months of rent left according to your contract. If you’re getting out only a month or two early and aren’t too short on funds (perhaps you’re moving due to a promotion accompanied by a sweet salary increase), your easiest option might just be to suck it up and pay rent even if you’re not living in the apartment anymore. Many rental agreements will force the tenant to pay at least two months’ rent (or give at least two months’ notice) before breaking lease anyway, so if you’re that close to the end of your contract there may not be a significantly better (or cheaper) option. Don’t vacate the apartment without giving notice, though; honesty is always the best policy and keeping your landlord informed is important. If your landlord knows you’re ducking out early, he or she may be able to show the apartment to potential tenants earlier and possibly find new renters for you—potentially saving you a month of rent. Communicating your plans to your landlord is also crucial to avoid being accused of breaking your lease—something it might seem you’ve done if you’re leaving. If you don’t tell your landlord you plan to continue paying rent despite your absence, how will he or she know you haven’t just broken your contract? Avoid messy misunderstandings by being clear about your plans and needs.
5. Stay just a little bit longer
Likewise, if your contract has a clause allowing you to break lease with two months’ notice, toughing it out for a bit longer may not be a terrible option. Even if the conditions in your apartment are pretty awful, you can use the time to investigate your new place to make sure it’ll be better than the current one, or to gather up a group of tenants interested in taking legal action against the poorly managed apartment complex. However, waiting out your lease may be…
6. Living on the edge
…in more ways than one. Some lease contracts may have “automatic renewal” clauses that require tenants to give notice before moving out—even if their planned move-out date is the date the lease “ends.” This type of lease is assumed to be renewed—in turn renewing your responsibility for paying rent—at the “end” of the lease term unless the tenant gives notice by the time specified in the lease. Tricky situations like these are why it’s important to read and understand legal documents thoroughly before signing. You should also beware of any “ break-lease” documents. If your landlord happily agrees to you breaking your lease but asks you to sign a “break-lease” document, be careful. Read the document thoroughly and consult with an attorney. This document may confirm that you’re breaking your lease, but it will likely also require you to pay out the balance of your lease agreement—not necessarily a successful resolution from your point of view.
7. Sweet-talk a friend, or a dependable stranger
Subletting your apartment is a viable option, if you can find someone trustworthy to do so. Subletting is generally legal unless specifically prohibited in your apartment contract, but it’s probably a good idea to notify your landlord of your subletting plans regardless. Don’t try to stealthily sublet unless you’re sure you’ll succeed. Your landlord is unlikely to appreciate the duty of housing a new, unknown (and unapproved) tenant on his or her property. The main issue with subletting is that your name remains on the lease and you are still responsible for paying rent and for any damages that occur in the apartment—so it’s not really “breaking” lease per se, more like finding a cheap way to skedaddle. If you can create a subletting agreement with an upstanding member of society that you think will actually come through and pay you, great. Your subletter pays you, you pay the landlord; everyone’s happy. Be careful, though—because you’re still responsible for the condition of the apartment at the end of your lease term, you’ll need to cautiously consider your choice of subletters. You probably don’t want to pick your friend’s cousin’s brother’s buddy Thrash as a subletter, no matter what a nice guy he seems to be on your first meeting.
We’re seeing that getting out of your lease can be rough. The main lesson to take away from this article is that you should consider provisions for getting out before you get in. Investigate the apartment thoroughly, ask questions, and above all get it in writing. Your promised swimming pool is just a pipe dream unless you have a signed agreement proving your landlord agreed to provide you with chlorinated bliss. Know your apartment and your lease agreement before you sign, and things will work out better for everyone involved.
Disclaimer: This does not constitute legal advice. Specific rules may vary in different state and local jurisdictions. For definitive answers, please consult an attorney or your local tenants’ council.
I lived in my apartment for #73727 On Friday, September 28, 2007 Guest (not verified) said, I lived in my apartment for a year pretty happily, then the owner sold our building (which is small, only 4 apartments). The new owner decided to gut the two apartments directly underneath me to make a day spa for his sister, which I wasn't aware would happen when I resigned the lease. Construction has been going on for over two months, some days they aren't here but when they are my bed will literally shake because they are so loud drilling and hammering and knocking down walls. Also, sometimes new workers will ring my doorbell at 8 am because they think my apartment is the entrance. This, along with a carpet beetle problem that I wasn't aware I walked in to, have me at my wits end with this place. My lease says I'm entitled to a quiet residence but I'm guessing that's probably not enough to break the lease, which lasts until July 1, 2008. Any idea what my rights are here, if any?
reply I signed a lease for an #73726 On Friday, September 28, 2007 Guest (not verified) said, I signed a lease for an apartment before I knew the area well. I sublet a room in the building next door before my room became available only to find out that I was living in the worst neighborhood in the area. We got many letters pertaining to car break ins, theft, and people being help up at gun point. The apartment was advertised as though many college students lived there, but most of the tenants were thugs. Needless to say, I quickly found a new place to live, but now I am being sued for breaking my lease! HELP!
reply My girlfriend and I recently #73725 On Friday, September 28, 2007 Guest (not verified) said, My girlfriend and I recently moved across states to CO. We had a short notice to move with our jobs and unfortunatly couldn't look at our apartment. It was described and advertised to us as a 2 bedroom, 2 bath, with a heated garage and kitchen. When we arrived it was a 2 room apartment. One room being the living room with a couch, tv, and chair. The other room was in the basement and it was a mini bar with a half pieced together bed. No oven or fridge. Since then we have gotten a fridge but no oven. The bathrooms are pretty much connected together so one is a half bath. The landlords live above us and give us no privacy. The garage is not heated either. Do we have any argument to get out of this lease?
reply If it's in writing and is #73735 On Saturday, September 29, 2007 Guest (not verified) said, If it's in writing and is bindable absolutely you can look into getting out of your lease..Did you get to see the unit before signing a lease?
reply I loved my apartment until #73701 On Wednesday, September 26, 2007 Guest (not verified) said, I loved my apartment until another company bought out the property. They decided they wanted to change most of the agreements that i had signed with the different company.
1.) No cars with rust, body damage or primar
2.) cannot use the garage as storage and they are having a 30 day inspection
3.) cannot grill out on the patio any more
4.) no motorcycles, trailors or hauling vehicles on the property
5.) no painting the walls anymore
6.) to clean the carpets you have to first have permisson from the office...
etc.....
I want to break my lease but it kind of seems like this new owner went ahead and did it for me. I have one more month to go and i am out of this place, should i pay my last months rent. It is due on the 1st and my lease is over on the 27th.
Help!!!!!!
reply Yes you should always pay #73734 On Saturday, September 29, 2007 Guest (not verified) said, Yes you should always pay your obligations. They can file an eviction and you don't want that on your residential credit.
reply 2 words #73635 On Friday, September 21, 2007 Guest (not verified) said, 2 words
Bed Bugs.
Disaster.
reply I just got pre-approved for #73629 On Friday, September 21, 2007 Guest (not verified) said, I just got pre-approved for a home loan but have 7 months to go until my lease is up. I talked to my land lord and he's playing by the books and won't let me out early. One of the reasons I'm ready to get into a house is because my infant screams in the middle of the night and disturbs the neighbors (they scream at me through the walls). The management doesn't have any complaints documented in my renter's file. Any suggestions?
reply Suggestion: KEEP YOUR WORD! #73682 On Tuesday, September 25, 2007 Guest (not verified) said, Suggestion: KEEP YOUR WORD! When you signed the lease you said, \\\"I promise to stay here this long, and if I don't you may charge me certain monies, and I understand and I agree to pay them.\\\"
DO NOT think that by becoming a nuissance the landlord will be glad to cancel the lease. He can serve you with a COMPLY OR QUIT notice (whether written in the lease or not, most states impute agreement not to become a nuissance into every Rental Agreement). If you break the lease this way you will add the cost of the eviction and legal fees to the other lease breakage costs, The eviction will be recorded in the national Unlawful Detainer (Eviction) Registry, and no decent apartment will ever rent to you again.
READ your agreements; UNDERSTAND your agreements; KEEP your agreements.
reply Obviously you're a bitter #73733 On Saturday, September 29, 2007 Guest (not verified) said, Obviously you're a bitter landlord/property manager that's been screwed by people breaking their lease. To you I say \\\"Oh well\\\". Many problems can be avoided if the people responsible for the property were a little more hands on and not only worried about their check every month.
reply I think you need to plan #73681 On Tuesday, September 25, 2007 Guest (not verified) said, I think you need to plan your future more carefully. Why would you apply for a mortgage 7 months before your lease ends?
Do you really expect the landlord to finance your early move-out? You should have moved to a property that does shorter leases.
A landlord would think you signed the lease under false pretenses. It appears you are using their property for short term lodging.
reply me and my husband moved to #73626 On Thursday, September 20, 2007 Guest (not verified) said, me and my husband moved to florida away from all family.child hates it, very homesick.can i use being here alone to get out of a lease? we have no one to even help us get him from the bus when we work. its been really hard, now a family members sick and we are far away.Financially too its just not working our rent is 1100.00 a month,we just cant swing it anymore. I want to pay 2 more months, 60 days notice and let them keep last months rent,security and pet deposit.Any suggestions?
reply i signed a one year lease #73609 On Wednesday, September 19, 2007 Guest (not verified) said, i signed a one year lease that said the landlord had the option of getting out of the lease after 6 months if he sold the building. I am obligated to stay for the whole year but he can get out after 6 months. I have lived here for 3 mos and I don't feel comfortable living here because I could be kicked out at any point after Jan. and I know it would take me quite some time to find a new place. Would I be able to break my lease due to the unfair nature of the lease that I signed?
reply STOP WORRYING. The new #73684 On Tuesday, September 25, 2007 Guest (not verified) said, STOP WORRYING. The new landlord will be required to honor your lease.
reply If you think the terms of #73680 On Tuesday, September 25, 2007 Guest (not verified) said, If you think the terms of the lease are unfair, why did you sign it?
Let's see now. You want to move because you may be asked to move? It sounds like you are making the worst case scenario come true.
Do you always renew your leases? Did you ever go month to month? In a month to month, either party may terminate. So the risk of being asked to leave still exists.
Many rentals require the tenants to renew or leave. This is another situation where you could be asked to leave.
I don't think you can ever eliminate the possibility of being asked to leave. Perhaps you should buy a house.
reply ''RAINED OUT of my Condo '' #73606 On Tuesday, September 18, 2007 Guest (not verified) said, ''RAINED OUT of my Condo '' I have been living with a lease for a little over 1& half yrs.Everything was great to start with until a few mths ago the windows & sliding doors started leaking profusely during rain of any kind ( we would remove the towels and replace them with dry ones) our elec. bill more than doubled and nothing was being done...The condo manegment was trying to sue the contractors and all but nothing was being fixed until their suit was won or insurance paid up...mths goes by and I am left paying the high electric and dealing with water damaged windows ,floors,ect...I deside that it is time to move forward and not live as such any longer..The and lord agrees & even writes a great letter recommending me as a great tenet and having great pay history..all is well until I move, then it is said I need to find a replacement! I have run over 200.00$ in adds and still no renters! I do NOT think it is rentable in its condition!( insurance adjuster says it is the worst shape appt he had seen out of all of them ) still I am faced with this lease..WHAT DO I DO???????? It isn't my fault the contractors work is costing the building to sue..why am I responsible for his misdeeds?? am I NOT intitaled to live in better conditions?? I am disabled and can't do heavy work as it is when it rains in..
reply Scorpions were not disclosed #73600 On Monday, September 17, 2007 Guest (not verified) said, Scorpions were not disclosed when we moved into apartment complex in June. We have had about 20 scorpions in apartment, on bed, dog playing with them, one on my shoulder (ick), in the past two months. The scorpion problem was not disclosed to us. And the management said they did not tell us, because we would not have moved in ... well they were right about that! They have a pest control company that is 'supposed' to spray twice a month, but the spray has not helped the scorpions at our apartment. Can we terminate our lease (expires next May) with a 30 day notice and not be liable for future rent.
reply what is the policy for a #73599 On Monday, September 17, 2007 Guest (not verified) said, what is the policy for a tenants guest(s)? How long can they stay?
reply ok so we signed a year lease #73590 On Monday, September 17, 2007 Guest (not verified) said, ok so we signed a year lease back in june well just here recently everything has been going WRONG...Check out the list
1. Roaches--Asked MANY times to fix this problem...he gave us paste and has yet to do ANYTHING...if anything it makes it worse and i have told him about it and he brushed it off
2. Holes in the ceiling--he has seen this...it has been like this for 3 months now and one month ago someone came out and looked at it but it's still not fixed!
3. People broke into my car just two nights ago and stole ALL of my cd's...yet again he brushed it off
4. People just walk into my house like it's there apartment...Still did nothing
5. Thin floors in the bathroom--You go to take a shower and you feel like you are going to fall through the floor...same with the toilet...its so thin it actually leaks down to our neighbors apt.
6. Toilet Leaks--Won't Do Nothing
7. Hot Pressure Is Low-- Tried Telling him he will not do nothing
8. Kitchen Cabinets are not attached to the wall--Yea..self explanatory..
9. Raccoon LIVING On The Patio & Walls--Yea He Have Told Him About This..He Came Out Once And Had My Roommates Boyfriend Throw Smoke Bombs At The Coon'.
10. FLIES ARE MAD AROUND HERE--
11. Cracks In The Ceiling/Walls/Floors--The Cracks in the floors is where the roaches come in and go and hide..
12. Drugs--The Tenants Downstairs are HUGE Druggies!
13. The Landlord that we used to give our rent money too moved and will not answer/return phone calls AT ALL! Told Lou and he said he would get on her but guess what i just called her like 2 days ago and still no answer or no call back
14. Parking Tickets--We Park Out Front And We Get TIckets! Stephanie said we would not have to worry about that and guess what! WE DO!
15. Porch Is Leaning--Our Porch Is Leaning like it's about to fall but Lou says it's not going to!
16. Plastic Windows instead of glass--Yea..we do not have GLASS windows we have plastic windows that do not fit properly and still have the stuff over them...so we can not see out of our windows at all!..
17. Drafty--it's drafty in here and its starting to get cold and we have no clue how to work the heaters in here and he will not show us!
18. Leaking Kitchen Pipes--We have told him and they have yet to be fixed!
19. Nails in the stairs--
20. Electrical System Only Half Of It Works--We have three areas where lights are supposed to be that does not work and he has yet to fix it!
21. It's hard to contact Lou--he never picks up his phone we have to leave a message.
22. Broken Doors- We Have Two broken doors..my room mates door is completely split and i have no door in my room...and i am supposed to!
23. We have absoulutely NO FIRE ESCAPE--means if a fire bust out downstairs..we are screwed!
24. Refrigerators broken--nothing stays cold in it, light does not work, and it has a board underneth of it to keep it from tilting!
25. Tiles are coming up-- Our tiles in our kitchen are coming up and he has yet to do anything
26. Electric Goes off and on--Whenever it feels like it!
27. Lights Dim By thereself.
28. BIG Cockroaches--like the hissing kind
29. No access to the waterbreaker--we have to call lou to get him out here to turn it back on..it took him two days to get out here one time!
30. No Access to breakers--Our breaker tripped, took him like all day to come out just to turn on a switch...what happens during the winter?
31. YOU CAN NOT GET HIM TO COME OUT HERE TO FIX IT...the only time he comes out here is too get money!
32. Loose Floor Boards!
so with that list...what do you guys think...i need/want out of my lease like now...thats way to much stuff wrong with a place...i am going to the health department today with that list to see what they can do since i can not get ---/--------- to do anything!
reply I cannot believe all these #73706 On Thursday, September 27, 2007 Guest (not verified) said, I cannot believe all these problems started after you moved in. You certainly noticed some if not most of the problems in your list.
While it's sad you have to live this way, I think you are at least partly to blame. You made the decision to rent this place. Also, if the property were in great condition, the rent would likely be much higher.
Next time, look over the property very carefully BEFORE you rent. Trying to get a remodel after move-in will be impossible. I use the word \\\"remodel\\\" because it seems like this place needs major renovation.
I suggest you find a different property when your lease is up. You can report safety violations to the city building department.
reply This is one of the best #73631 On Friday, September 21, 2007 Guest (not verified) said, This is one of the best posts I ever read. I want to visit this place. You should make it like an attraction and charge people. Highlights of the post include -
the Raccoon and the smoke bomb - the fire busting out - the parking tickets - lights dimming by 'thereself'
I will show everyone I know this post and maybe you could make enough money from t-shirts and interviews to afford to move.
reply like, did you not get a tour #73624 On Thursday, September 20, 2007 Guest (not verified) said, like, did you not get a tour of the apartments before signing the lease? If so what the hell did they show you? Pictures?! How could one single apartment be THAT horrible and you not know it?? Seems like you screwed yourself over. Sorry, hope you can get out of it.
reply I'm living with four other #73584 On Sunday, September 16, 2007 Guest (not verified) said, I'm living with four other guys, and three of them are constantly smoking pot. Is there a way I can get out of my lease because the people I'm living with are habitually using illegal drugs? The apartment is fine, but obviously I didn't know about their drug use until after I moved in with them. Can I get out of my lease on grounds relating to that? I hope so, I need to get out NOW. I can prove and document it, I could even call the cops while they're at it. What are my chances?
reply Calling the cops would #73597 On Monday, September 17, 2007 Guest (not verified) said, Calling the cops would likely only cause tension (and perhaps violence). You're really in a tough position since telling management that your roomies are potheads may only cause them to call the cops or evict you. Both are bad options here since your cohabitaion with these people may land you in hot water if they have enough drugs in the house to constitute \\\"Posession with intent to distrubute\\\". That could very easily be applied to you. If you're evicted as a result, it goes on ALL of your credit reports and in the file that the next apartments will get when they call for reference.
You MAY have a chance in civil court by claiming your room mates' drug habits are a violation of the implied \\\"covenant of quiet enjoyment\\\" as you're not able to resonably enjoy the property as was the intent of the lease. That's pretty shaky though, since it USUALLY applies only if the landlord is causing the disruption. You'd need an lawyer that's pretty damn good to argue that point.
Your best bet, in my opinion, is to not anger your room mates and at some point tell them that you weren't aware of their drug use and it really bothers you and and you've tried to cope to no avail and ask if they can find someone else to take your place. Or if they are financially able, ask if you can just get out.
The risk here, obviously, is that YOUR name will still be on the lease and if something happens, YOU are still a liable party! But that said, it might be a risk worth taking if you're not up to the toking.
Good luck!
reply We've been in our apt. for 3 #73565 On Friday, September 14, 2007 Guest (not verified) said, We've been in our apt. for 3 weeks now. We live on the third floor but we can hear the people on the first floor when they're outside blasting their music. It kept us up all night last night till 1 in the morning. We both have to wake up at 6 and to get ready for work. I mean I know everyone wants to have fun but it's rude when it's during the week. Gosh.
Also I think the people blasting their music are illegal immigrants. There's like 6 men living in one unit. I haven't seen any kids or wife or even girlfriends. And when they're out drinking and blasting their music in the back it's just the 6 of them. We tried telling them to turn down the music but they don't speak or understand English. It's only been 3 weeks and I'm tired of this place. We haven't even finished unpacking.
What can I do? I'm as liberal as anyone in Madison, WI but if my apt. manager isn't going to do anything about it. Is there like some government place I can call to come and check to see if these people are illegal.
And if they do turn out to be illegal immigrants, is there anything I can do to move them somewhere else.
I don't want to just target them like this BUT their music blasting every night is hurting my performance at work. And they don't seem to care. If they don't respect me as a neighbor I'm not going to respect them either. I'm going to call every government agency on them. In 3 weeks, they've managed to ruin my life.
reply First of all what does them #73666 On Monday, September 24, 2007 Guest (not verified) said, First of all what does them being illegal immigrants have to do with anything, and secondly making the assumptions whether they are or are not makes you incredibly ignorant. Also what business it of yours whether they have women or children in the apartment or not. And I am incredibly astonished that instead of attempting to deal with the problem yourself you would rather have this people deported, shame on you. Why don't you call the management company, write a letter to the people using freetranslations.com if you can't communicate with them otherwise, or lastly call the police if they continue creating a noise disturbance. For some one who claims to be liberal you have shown yourself to be anything but.
reply Living with Rats.We signed a #73564 On Friday, September 14, 2007 Guest (not verified) said, Living with Rats.We signed a 12 month lease 1 month ago and found out we are sharing this house with RATS in the crawl space, huge piles of feces on all of the insulation, really disgusting smell on the main floor of this place. The waste is soaking into the insulation on the heating ducts. I don't want to use the heat, it's going to reek! I have notified the management company with a certified letter. They are famous for blowing off concerns. I've got two kids living in this house and they could get sick from the dust from these huge piles of feces. This is serious stuff, I can't imagine a we have to stay here. Can this stuff really be removed and the house restored to clean?
reply I just skimmed through this #73563 On Friday, September 14, 2007 Guest (not verified) said, I just skimmed through this article, and would like to help.
Have you actually signed a lease to stay and pay for a room? I'm guessing so. In that case, all you can really do is be an even bigger ----- to that skank ---, and make her want you to leave. IN that case, you find someone else (via step 7) that sort of wants to move in, and open it up. If nothing a lawyer \\\"If you don’t have or can’t afford your own lawyer, get in touch with your local legal aid office and contact tenants’ rights organizations\\\" Or tell her to take you to court if she really wants to, seems like something someone might just throw out as a threat but not really want to get into themselves.
Good luck.
reply Whats the point of this site #73542 On Wednesday, September 12, 2007 Guest (not verified) said, Whats the point of this site of no one is answering questions?????
reply It's a website mostly for #73579 On Saturday, September 15, 2007 Guest (not verified) said, It's a website mostly for venting. Responses and accuracy are not guaranteed. Those who have the extra time may respond.
If you have an issue that requires immediate expert legal advice, you should seek the services of an attorney or legal aid.
Good luck to you.
reply My roommate and I just #73540 On Tuesday, September 11, 2007 Guest (not verified) said, My roommate and I just signed a 12 month lease but I am quickly finding that our personalities are clashing bigtime and I fear I won't be able to make it 12 months living with her. I have told her that I would like to move out giving her 6 weeks notice but she refuses to find another roommate and threatens to take me to court. Is there anything I can do??
reply I am having exactly the same #73616 On Wednesday, September 19, 2007 Guest (not verified) said, I am having exactly the same problem, I cant handle my roomate, I didnt know she was insane before we moved in together. we are only a month and a half into a 12 month lease and I cannot handle the drama another 24 hours. If I could afford it I would move out now and send her money every month...but I can't. If you managed to move out please tell me how you did it without costing both of you an arm & a leg...thanks
reply I signed a 12 month lease on #73515 On Monday, September 10, 2007 Guest (not verified) said, I signed a 12 month lease on a 1 bed room apt a few months ago. 6 weeks ago I lost my job and 5 weeks ago I got married and last week we found out we are having a baby that will be born before the lease expires. Since I lost my job I would like to get out of the lease. The office told me there is no provision to allow me to break the lease. The only option I have is to give them 60 days notice, pay out the rest of the lease and that they will reimburse me if they end up renting the unit to someone else. I don't have a problem paying a couple months rent. But paying 8 more months rent seems like a pretty heavy price. Any suggestions??
reply Unfortunately, If your lease #73736 On Saturday, September 29, 2007 Guest (not verified) said, Unfortunately, If your lease state this and you signed it you will have to obey by it..The last thing you want is negative residential history.
reply my lease says no dogs, but i #73482 On Friday, September 07, 2007 Guest (not verified) said, my lease says no dogs, but i rescued this puppy from an abusive family and there is no way that i can get rid of him..
whats the worst that can happen?
reply You Will Be Evicted #73593 On Monday, September 17, 2007 Guest (not verified) said, You Will Be Evicted
reply Well lets look at it from #73539 On Tuesday, September 11, 2007 Guest (not verified) said, Well lets look at it from another point of view. You are renting an apartment for a monthly fee right? This means that the unit, the building(s), and the dirt it sits on belongs to some else. You could be fined, evicted, or even sued for violating the lease agreement. The apartment complex I live only allows assisted living pets (blind or companion) and no puppies at all. The fine is $700 and a notice of intent to terminate lease if the animal is not removed in 24 hours. Take the puppy to a shelter before you get caught.
reply Lawsuit and eviction is the #73510 On Monday, September 10, 2007 Guest (not verified) said, Lawsuit and eviction is the worst case scenario. Second worst case; the landlord asking you to leave because you broke your lease. In this case you would be responsible for all associated costs.
Read your lease and see what the consequences are for \\\"unauthorized pets\\\".
Who knows, the landlord may not say or do anything. But I wouldn't count on it. It's also possible this puppy could be your most expensive acquisition.
reply My husband is being #73476 On Thursday, September 06, 2007 Guest (not verified) said, My husband is being transfered by his company and therefore, we will have to break our lease. My landlord has lost our lease and has noting on file for us. His company will only pay for our transfer with those original documents. Does anyone know if I am liable for this lease without an actual signed document? I wouldn't think so. They asked me to sign a new one and I refused. Why should I sign another lease, just so I can give them $1500 to break my lease when it was their fault for being negligent with their paperwork? Any thoughts?
reply They will have to release #73560 On Thursday, September 13, 2007 Guest (not verified) said, They will have to release you with no penalties. If they do nnot have a signed lease contract then you are in the clear and can leave without notice if you chose to. It is their responsibilty to provide you with your signed lease agreement. Furthermore, I would be concerned about your personal information missing. Best of luck to you!
reply In many states a verbal #73511 On Monday, September 10, 2007 Guest (not verified) said, In many states a verbal agreement is enforceable. So, if it went to court, the Judge would ask if you signed a lease agreement. If you answer \\\"yes\\\", the manager would win the case. If you answer \\\"no\\\", I can almost guarantee the manager will find the lease and show it to the Judge. In this situation, you would lose the case and the Judge would be very irritated at you for committing perjury. In the off chance the manager really doesn't have the lease, the Judge still would likely not believe your \\\"no\\\" answer. This is because apartments usually do not allow people to move in without a signed lease. If your landlord is an individual, they might believe you. Not all individual landlords use lease agreements.
It's also possible, if the landlord cannot produce a lease agreement, that the Judge would say you are not liable for the remainder months of the lease. It really depends on which state you live and the court.
reply I have been in my lease #73475 On Thursday, September 06, 2007 Guest (not verified) said, I have been in my lease agreement since this past April. For the first few months I was in NYC for working purposes and paying the rent as I should. Recently upon arriving, I have been having a bad allergies since occupying the apartment, which I think is due to the dogs. I have never known to have been allergic to dogs (pets), but it has caused me to feel miserable all day even when I'm at work. I don't want to lose my job because of my allergies to the apartment, can I break the lease without obligations because of my allergies?
reply I have lived under my #73473 On Thursday, September 06, 2007 Guest (not verified) said, I have lived under my management for about 3 years. The first 6 months of my old apartment were fine till we started to get bit by bed bugs. the problem got so bad that I had to throw out my new couch, my daughters bed and ours,also some area rugs. After 6 more months and a few more beds the bugs had stoped. We ended up having nieghbor problems and moved into another building of the same complex. every thing was fine until agian about 4 months I found a nest of bed bugs in my daughters room. At that time I was heavily 9 months pregnat which later that day I did go in to labor. It took them 3 weeks to finally come and spray for the bugs, which did seem to work. Now around christmas we started to see roaches and now after 9 months of the office spraying and leaving bait the problem seem worse. I have not had a single thing in my cuboards for about a month. I refuse to cook becuase every time I cook there is a bug that crawls/falls into the food. I keep finding nest around the house and they keep sraying. nothing is working and to top that I think we have bed bugs agian. I cant continue to live like this. I have about 7 more months and I cant live here any more can I break my lease? And how?
reply You will need some legal #73529 On Tuesday, September 11, 2007 Guest (not verified) said, You will need some legal advice. Also, you should call your local heath department. Perhaps they can help too.
I'm not so sure moving may be the answer. Your possessions likely have bugs within and will be moved to the new location. You probably need to talk with a pest control expert as well.
reply Woops I forgot to add #73452 On Tuesday, September 04, 2007 Guest (not verified) said, Woops I forgot to add something... He's still living in that apartment for the duration of the 7 months. Do I have to pay half of the rent? We're not married. But am I obligated to?
reply In June I got hit with a #73430 On Monday, September 03, 2007 Guest (not verified) said, In June I got hit with a letter informing me I owed $600 in 3 days or I was out. Management had changed hands in January and their practice was much different from the old management's. Under the old management if you paid your rent after your lease was up it constituted a new year lease, something I'd done for 3 years. I had received a letter from the new management asking me to choose my new lease in Feb. and I chose the yearly and started paying the new rent in April when my new lease started. Apparently the rules had changed because they were supposed to send me a letter to make me sign a new lease in March but I never got one and figured payment was enough. When I spoke to the general manager she told me they put a \\\"note\\\" on my door in May, after my lease would've been up anyway, and I never responded. Needless to say I never got the note but after almost an hour of yelling she told me if I came in the next day and signed, I wouldn't get evicted or owe the money. So I did. The problem is, I went from a 2 page lease under old management to a 25 page lease under new management and I didn't have time to read it because upon entering I was basically told to sign it quick because I came in 5 minutes before closing. The next day I got an eviction notice and I had to call 7 people in the span of 7 days to finally get it cleared up (the general manager went on vacation and didn't tell them not to evict me).
Through that process I got my hand on a copy of the lease I signed, after much arguing, and found out there are all sorts of fine print. I am now required to have renter's insurance that not only covers me but management as well, which I don't understand (I only have insurance to cover me), I can't have anyone stay for more than two consecutive weeks, there's a new satellite fee of $100 (which I have yet to pay), and a pet fee of $100/month (also unpaid), among other gems. Finally, the year lease was signed in June, as stated, but is up in April based on what was typed on the lease. Long story short, I don't want to be here anymore. I'm always scared of maintenance, afraid they will see my puggle and start charging me, I'm constantly afraid I'll get hit with the satellite fee, and I hate the way they went about the whole thing. I feel like I had no choice but to sign \\\"quick, fast, and in a hurry\\\" because the general manager only had that one day for me to sign and less than five minutes in which to sign it (the new management also changed their hours which meant I had to get off early to try and make it in before closing). After so many great years I am ready to go and I'm wondering if there's anything like duress but I guess on a smaller scale that I can use to get out of my lease. Oh I should've mentioned there is no clause to break my lease under the new contract (last contract was 2 months notice), unless the evict me, in which case they can still sue me for owed rent according to the lease. A lesson to everyone, I'm sure, but please help! Thanks for your time!
reply If you want to claim duress, #73528 On Tuesday, September 11, 2007 Guest (not verified) said, If you want to claim duress, you will have to go to court and explain your defense to the Judge. I don't think this is true duress. You signed this document of your own free will and, in fact, you went to their office to sign it. If for example, they broke down your door and made you sign the document at gunpoint, then duress has taken place. You would still have to prove it in court, however.
Also, your failure to pay the rent on time will not impress the Judge. Your failure to read the lease, unless you can prove duress, will not excuse you from its terms.
Perhaps you should see a lawyer. It's possible he or she may be able to work something out.
reply Me and my husband just moved #73427 On Sunday, September 02, 2007 Guest (not verified) said, Me and my husband just moved into these town homes. Which are connected with other peoples houses. Not such a good thing, but unfortunately I was unable to see the plave cause my husband is in the military and we weren't even in this coutry. So we had to look up on the internet again not such a smart choice. But since the day we have moved in their is loud music from out next door neighbors. Jumping and bumping I mean it is really unliveable. We actually were woken up at 3:00 am to the loud music. We have notified the landlord and she has sent them notes. Still hasn't changed we have even went to their doors to ask then to turn it down two times. I mean what can we do? well I want to move of course, but we signed a six month lease that god it wasn't a year. I want to break cause I can't do this for the next five months. I shouldn't have to, so I would like your advice on how I should go about breaking the lease. natmylon@yahoo.com
reply You call the cops. There #73522 On Monday, September 10, 2007 Guest (not verified) said, You call the cops. There are noise ordinances. If they get summons a few times they will get the message that their late night headbanging is just too expensive. Or better yet maybe they will move!
reply Me and my husband just got #73461 On Wednesday, September 05, 2007 Guest (not verified) said, Me and my husband just got married and we have the same problem as you two do. I work and have to get up very early in the morning and sadly, there is NO HELP for people in our situations. I've contacted a lawyer, gotten a medical note and I'm sure we will still be sued for living. It's leave the apartment and stay married or he stays there and the marriage is over. It's horrible. I've developed anxiety and depression (which is in my medical note). There's no way out. Your best bet, which is the option I'm taking is just screw it and move. Let them sue you, just get out, it's not worth your sanity and your life.

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