I signed a lease and I am stuck in it until Augst of next year. The place is way too expensive and noisy (paper-thin walls) and we cannot sleep well. We are paying 1300 per month for this dump! How can I legally go about getting out of this?!?! (Please, step by step, or what are my rights?)
2006-10-24 01:52:55 · 10 answers · asked by sexy34 3 in Business & Finance ➔ Renting & Real Estate
This is in the US, in Missouri.
2006-10-24 01:53:33 · update #1
There is a clause in your lease that states you have the right to 'quiet enjoyment' of your apartment. It is the responsibility of your landlord to ensure that you are experiencing this.
You might be able to break your lease on the grounds of the noise issue you mentioned in your post. But, you will need to be specific about what the noise is, when it's happening and the frequency of when it is happening. You want to be able to break your lease on the grounds that your landlord did not live up to the obligations stated in your lease, i.e the 'quiet enjoyment'. Unless you're on pretty good terms with your landlord, simply wanting to break your lease is going to cost you. I would just document, document, document, and call your landlord to report the noise issues as they happen. That will help you when you tell them you want to break your lease due to the noise. But, make sure you mention the 'quiet enjoyment' clause to your landlord as the reason you are moving. If you tell your landlord you now think the rent is too expensive, their response may be less than sympathetic.
I know exactly what you mean about the paper thin walls. I live in a really nice complex, in a wealthy community, and the walls are so thin, there might as well be a sheet hanging there.
2006-10-24 04:35:51 · answer #1 · answered by loveblue 5 · 1⤊ 0⤋
read your lease to see if their is a buy out clause, if not then it gets weird.
Legally yes you are bound by the terms of the lease but at the same time the law recognizes that not all contracts are full filled thus their is something in contract law called duty to mitigate each party even the non-breaching party has a duty to mitigate their damages
so what does that mean? if you break the lease will the court hold you to the whole term no, but you will be responsible for rent until the place is re-rented usually courts will give a landlord two/three months to try and rent the place
2006-10-24 02:50:48 · answer #2 · answered by goz1111 7 · 0⤊ 0⤋
Your lease will outline the procedure and monetary penalties related to ending your lease early. You can also find some subleasers. I suggest you speak with your landlord explaining that you do not feel you can continue to afford the place and would like to end your lease early. They will be able to tell you what that will cost and your obligation. They may be willing to let you go, despite what the lease says. However, with a July - Aug. lease, you are probably in a college town and it is hard to find people to lease to in mid-semester. Just have an intelligent conversation with your landlord (but read your lease first). In the very least, there is probably a way to throw more money at the problem.
2006-10-24 02:30:35 · answer #3 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
You must persuade the owner, now not the room mate. This is a formality. You can't be charged with anything had been there existed no possibility to lengthen the provider. Since she did discover an extra room mate you had been left with out possibility to specific your correct to preserve the hire. Talk to the owner and start to evict her. She is quandary and can generate a big quantity of debt if she does not transfer out now. This is your correct to start to mitigate damages. You tell her that if she can't pay the hire in these days, she need to make preparations to depart the premises. If you don't do that then you're in charge for damages which might be accruing in her curiosity. Use your natural experience on this topic. You do not must transfer in, she has to transport out. The landlord can marketplace the unit to offset the phrases of the leisure of the hire. Talk handiest with the owner approximately this at this factor. You pal is pressured.
2016-09-01 01:52:40 · answer #4 · answered by polka 4 · 0⤊ 0⤋
Read the lease. (You DID keep a copy, right?) It will tell under what conditions you can legally get out of it. Your state may also have specific laws that let you end a lease, too. You'll need to talk to a lawyer to find out about that.
2006-10-24 02:00:06 · answer #5 · answered by Ralfcoder 7 · 0⤊ 0⤋
Has there been any violation, such as saying harassing things, done to you by the landlord or other tenants.
Try a legal aide lawyer, if you or anyone else in the household would quailify.
Or, try a lawyer that works in landlord/tenant issues, in the yellow pages. Or word of mouth. There is also a lawyer referal service - 1-800-lawyer, I think. Some of them do pro-bono work, which is non-profit.
2006-10-24 03:05:38 · answer #6 · answered by smoothsoullady 4 · 0⤊ 0⤋
As a Landlord in Massachusetts, and South Carolina....you have more rights than you think.
Just tell the Landlord you do not have the money to afford the place and give them one month notice.... Be nice about it and they will treat you the same.
I let a tenant out early and we had no problems....
If they do not let you out you should contact a Lawyer to find out local tenant / Landlord laws...
good luck
2006-10-24 02:13:34 · answer #7 · answered by James 3 · 0⤊ 0⤋
Your lease will tell you if there are any ways you can get out and what they are.
2006-10-24 02:00:09 · answer #8 · answered by Christina 7 · 0⤊ 0⤋
I got out of mine in Kansas City (saw you're in MO) with a doctor's note. It was legit however.
2006-10-24 02:08:11 · answer #9 · answered by Catwoman 1 · 0⤊ 0⤋
this question has been answered more than 700 times. some good answers here:
http://answers.yahoo.com/search/search_result;_ylt=Ag_sjHoTV4Nn_KaoSdP1kwHpy6IX?p=get+out+of+lease
2006-10-24 02:03:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋