breaking my lease!!?

Question

I need to know how i can go about doing that, i have had a roof leak in my ceiling for about 4 months and every time I call and ask when it is going to be fixed they tell me in the next few days!! I still have about 7 months on my lease and now i dont know what to do my walls and ceiling is growing mold. I have spoke to the leasing office and they wont say anything besides the roofers are coming in a few days.... last friday the regular maintience man came out and looked at the roof and put caluck on the inside of my roof in the attic but i thought that was for sealing bathtubs and we are about to get another down pour tonight!! what should i do??

Answer 1

I just went through the same thing. Keep a log of who you spoke with and Pictures (very important) I would also suggest sedning a notice to repair letter out lining your issue and that they have failed to correct it. If it continues you may have cause to break your lease for what we call Constructive Eviction (meaning you had to leave due to the place being un-livable)

Answer 2

I disagree with the comment that most leases aren't worth the paper they are printed on. They are a legally binding contract, so be careful before you make any swift moves, like renting a new place.

Go to your state website to find out what your renters' rights are. Since you are not breaking the lease because you just want to move, but because there could be health problems should be an easier to be let out of a lease. Are you renting from a management company or from an independent landlord?

If it is a management company, go straight to the top; they should also have some type of regional manager that oversees the leasing office, etc.

As for the other comments posted, yes, take plenty of pictures and date any phone calls and conversations.

It's important you look at your lease. There should be a section about maintenance, so read that over carefully. Make sure you learn your rights as a lessee.

My only concern is that they may let you out of your lease, but will hold you responsible for the remaining term of the lease. You could be paying double for a new apartment and the current one until the matter is straightened out. I would try to argue that as best you can. Most management companies do not want to go to court and would rather settle matters with their attorney before hand.

Answer 3

There's a basic rule of thumb known generally as the rule of implied habitability. If your apartment is unlivable, like roof leaks, no heat, or infestations, you can just pick up and leave.

Most apartment leases aren't worth the paper they're printed on.

Take pics of the apartment, especially the leaky roof. Make sure the first and last frame of the roll of film have the current newspaper in shot so you can prove the date they were taken.

Go out, get a lease signed and move. Getting the new lease signed is the rough part, since they may need to contact your old place. Tell them the truth and you'll be fine.

Move late at night if you can.

Answer 4

Ask for the name and telephone number of the owner of your complex. If it's a corporation, get the president's name. Write a registered letter explaining and send some photos. Copy the manager of your complex. Refuse to speak to just anyone at the leasing office - speak only to the manager.

Is anything you own getting damaged? Include that information as well. Document your phone calls and who you spoke with at the management office. Tell them you have asthma that is getting worse because of the mold!!!

Could be that the owner knows nothing about the poor performance of his local management. I agree with the others - you can definitely get out of there for cause but you have to build a record first.

Answer 5

Take pictures of the damage that hasn't been repaired then move out. When he tries to get his money from you via small claims court show up with the picture and the fact that he wouldn't make the repairs. To bad so Sad for the land lord

Answer 6

You can't just up and leave, stop paying, and expect it all to go away. You need to legally go about breaking your lease for breach of contract and/or health reasons / lack of maintenance. Go down to the courthouse and explain to them what you want to do. They should be able to point you in the right direction.